Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - 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.