Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 715

715 Challenging evidence by certificate

(1) A defendant in a proceeding for an offence against this Law who intends to challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) must give the complainant notice of the intention to challenge.

(2) 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 charge.

(3) If the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state—

(a) the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and

(b) the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.

(4) A defendant in a proceeding for an offence against this Law can not challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) unless—

(a) the defendant has complied with this section; or

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

(5) This section applies only if the defendant is given a copy of the certificate at least 28 days before the appointed date for the hearing of the charge.