Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AD

164AD Copy of certificate to be given to defendant

(1) If the responsible entity proposes to use a certificate mentioned in section 164AC (2) in proceedings, the responsible entity must give a copy of the certificate to the defendant at least 28 business days before the day fixed for the hearing of the matter.

(2) The certificate can not be used in the proceedings unless a copy of the certificate has been given to the defendant under subsection (1) .

(3) If the defendant intends to challenge a statement in the certificate, the defendant must give the responsible entity notice in writing of the intention to challenge (the
"notice of intention to challenge" ), stating the matters in the certificate that are intended to be challenged.

(4) The defendant must give the notice of intention to challenge to the responsible entity at least 14 business days before the day fixed for the hearing.

(5) If the defendant intends to challenge the accuracy of any measurement, analysis or reading in the certificate, the notice of intention to challenge must state—

(a) the reason why the defendant alleges the measurement, analysis or reading is inaccurate; and

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

(6) The defendant can not challenge any matter in the certificate if the defendant has not complied with subsections (3) to (5) , unless the court gives leave to do so in the interests of justice.