New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 613

613 Use of certificates in assessing compensation

(1) If a public authority proposes to submit a certificate mentioned in section 612(2)(c) in a proceeding for the making of a compensation order, the public authority must give a copy of the certificate to the defendant at least 28 days before the day fixed for the hearing of the proceeding.

(2) A certificate of the public authority can not be used in a proceeding for the making of a compensation order unless the public authority has complied with subsection (1).

(3) A defendant who intends to challenge a matter stated in a certificate mentioned in section 612(2)(c) in a proceeding for the making of a compensation order must--

(a) give the public authority notice of the intention to challenge the matter; and

(b) if the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate--

(i) state the reason why the defendant alleges that it is inaccurate; and

(ii) state the measurement, analysis or reading that the defendant considers to be correct.

(4) The notice must be--

(a) signed by the defendant; and

(b) given at least 14 days before the day fixed for the hearing of the proceeding.

(5) A defendant can not challenge a matter stated in a certificate mentioned in section 612(2)(c) in a proceeding for the making of a compensation order unless--

(a) the defendant has complied with subsections (3) and (4); or

(b) the court gives leave to the defendant to challenge the matter, in the interests of justice.