Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 757

757 Evidentiary provision

(1) In a proceeding for a type 1 vehicle related offence, a certificate signed by the commissioner and stating any of the following matters is evidence of what it states—

(a) that a stated person was the owner of a stated motor vehicle on a stated day;

(b) that a stated police officer gave a stated person a type 1 vehicle related offence notice on a stated day;

(c) that a stated person gave a stated police officer a statutory declaration under section 755 on a stated day.

(2) Also, an allegation or statement in a notice to appear or complaint alleging or stating any of the following is evidence of what it alleges or states—

(a) that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint the owner of a stated motor vehicle;

(b) that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint of, or under, or over a stated age;

(c) that a thing is or was a motor vehicle or of a particular class or description of motor vehicle.

(3) In addition, in a proceeding, it is not necessary for the entity responsible for prosecuting the type 1 vehicle related offence to call as a witness for the prosecution a person who made a statutory declaration under section 755 that named a person other than the defendant as the driver of the motor vehicle involved in the offence.

(4) In a proceeding for a type 1 vehicle related offence, the defendant may not challenge a matter mentioned in subsection (1) (b) or (c) unless the defendant gives the entity responsible for prosecuting the proceeding written notice of intention to challenge the matter at least 10 business days before the day the hearing of the proceeding starts.