New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 711

711 Evidence by certificate by Regulator and TfNSW generally

(1) A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period-

(e) a stated person held or did not hold a heavy vehicle accreditation granted under this Law; or

(f) a stated exemption or authorisation under this Law applied or did not apply to a stated person or a stated heavy vehicle; or

(g) a stated person is the holder of a stated permit or other authority under this Law; or

(h) a stated heavy vehicle accreditation, exemption, authorisation, permit or other authority under this Law was or was not amended, suspended or cancelled under this Law; or

(i) a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under this Law by a stated person; or

(j) a stated fee, charge or other amount payable under this Law was or was not paid to the Regulator; or

(k) a stated person has or has not notified the Regulator of any, or a stated, change of the person’s address; or

(l) a stated identification card (however called) was issued by the Regulator to a stated person and was or was not current; or

(m) a stated authorised officer (other than an authorised officer who is a police officer) was authorised to exercise a stated power under this Law and-

(i) was not restricted in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or

(ii) was not restricted in a stated way in the exercise of the power by the officer’s conditions of appointment or a direction of the Regulator; or

(n) a stated industry code of practice was or was not registered under section 706; or

(o) a stated road or road-related area, or a stated part of a road or road-related area, was in an area or on a route declared under a stated provision of this Law or the national regulations; or

(p) a stated heavy vehicle, or a stated component of a stated heavy vehicle, was weighed by or in the presence of a stated authorised officer on a stated weighbridge or weighing facility or by the use of a stated weighing device, and that a stated mass was the mass of the vehicle or component; or

(q) a stated mathematical or statistical procedure was carried out in relation to stated information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system and the results of the procedure being carried out;

is evidence of the matter.

(1A) A certificate purporting to be issued by TfNSW and stating the following, at a stated time or during a stated period, is evidence of the matter-

(a) a stated vehicle was or was not registered on the basis it is a heavy vehicle,

(b) a stated vehicle was or was not registered as a heavy vehicle of a stated category,

(c) a stated person was or was not the registered operator of a stated registered vehicle,

(d) a stated registration was or was not amended, suspended or cancelled.

Note-: This subsection is inserted for New South Wales.

(2) A procedure specified in a certificate under subsection (1)(q) is presumed, unless the contrary is proved-

(a) to be valid and reliable for the purpose for which it was used; and

(b) to have been carried out correctly.