Commonwealth Numbered Regulations

1988 No. 152 INTERSTATE ROAD TRANSPORT REGULATIONS (AMENDMENT) - REG 13

13. After regulation 51 of the Principal Regulations the following regulations
are inserted:
Certificate evidence   "51A. (1) In proceedings under the Act or these
Regulations, a certificate signed by or on behalf of a Registration Authority:

   (a)  setting out extracts from particulars kept, under the Act or these
        Regulations, in the records of the Registration Authority;

   (b)  containing a statement in relation to the receipt of any notice,
        application or payment under the Act, the Charge Regulations or these
        Regulations; or

   (c)  stating that a person is an inspector within the meaning of subsection
        44 (7) of the Act; is, in the absence of evidence to the contrary,
        conclusive proof of the matters so set out or stated.

"(2) In proceedings under the Act or these Regulations, a certificate signed
by or on behalf of a Registration Authority and stating, in relation to a
vehicle at a particular time:

   (a)  that the vehicle was, or was not, a conforming vehicle;

   (b)  that each axle of a group of axles of the vehicle was, or was not,
        related to the other axle or axles of the group through a load sharing
        suspension system;

   (c)  that an axle of the vehicle was, or was not, fitted with wide tyres;

   (d)  that an axle of the vehicle was a retractable axle;

   (e)  that a group of axles of the vehicle was, or was not, a single axle, a
        twin steer axle group, a tandem axle group or a triaxle group; is, in
        the absence of evidence to the contrary, conclusive proof of the
        matters so stated.

"(3) If, in proceedings under the Act or these Regulations, a certificate or
notice purporting to be signed by a Registration Authority, or by a person
authorised by these Regulations or a Registration Authority to sign the
certificate or notice, is tendered in evidence, the certificate is, in the
absence of evidence to the contrary, conclusive proof that it was so signed.

"(4) In proceedings under the Act or these Regulations, a certificate of
registration within the meaning of regulation 16 in respect of a vehicle
setting out the maximum permitted gross mass in respect of that vehicle, or
that the vehicle is registered to operate at the higher mass limit in respect
of the vehicle, as the case may be, is, in the absence of evidence to the
contrary, conclusive proof that:

   (a)  the maximum permitted gross mass in respect of that vehicle is the
        amount set out in that certificate or is the higher mass limit in
        respect of that vehicle, as the case requires; and

   (b)  that that amount was recorded by the Registration Authority on the
        certificate of registration.

"(5) In proceedings under the Act or these Regulations, a notice, certificate
or other document issued under the Act or these Regulations stating:

   (a)  that on a specified date, or during a specified period, a vehicle was
        registered in the name of a person specified in the document; or

   (b)  the maximum permitted gross mass (however described) in respect of the
        vehicle; is, in the absence of evidence to the contrary, conclusive
        proof of the matters so stated.

"(6) In proceedings under the Act or these Regulations, a certificate signed
by or on behalf of a Registration Authority and stating:

   (a)  that a particular instrument used to weigh vehicles was tested on a
        specified day;

   (b)  that those tests were carried out:

        (i)    in accordance with the relevant law in force in the State or
               Territory in which the instrument is used; or

        (ii)   in accordance with the procedures (if any) specified by the
               manufacturer of the instrument in respect of the instrument;

   (c)  where, in carrying out those tests, errors were detected in respect of
        the use of the instrument to weigh objects-the extent of the greatest
        error so detected expressed as a percentage of the correct mass of the
        object used in that test; is, in the absence of evidence to the
        contrary, conclusive proof:

   (d)  of the facts so stated; and

   (e)  if, during the period of 12 months commencing on the day referred to
        in paragraph (a) the instrument is used to weigh vehicles-that the
        mass indicated by the instrument in respect of any vehicle so weighed
        during that period does not vary from the correct mass of the vehicle
        by a percentage that is greater than the percentage so stated.

"(7) In proceedings under the Act or these Regulations, a certificate, or a
statement in an approved form under the Act, signed by a police officer or an
inspector and stating the gross mass in respect of a vehicle, or the gross
mass on an axle group in respect of a vehicle, is, in the absence of evidence
to the contrary, conclusive proof of the matters so stated.".
Smoking in buses   "51B. (1) A person shall not fail to comply with a notice
under subregulation (2).
Penalty: $500.

"(2) The owner of a bus registered under the Act shall cause a notice
indicating that smoking is prohibited in the bus to be displayed in the bus at
all times while passengers are on board.
Penalty: $500.

"(3) A notice required under this regulation to be displayed in a bus:

   (a)  shall be legible;

   (b)  shall be displayed in a conspicuous place in the bus; and

   (c)  shall be visible to every passenger seated in the bus.".