Queensland Consolidated Acts

TOW TRUCK ACT 1973 - SECT 37

37 Evidentiary matters

In a proceeding under this Act, the following apply—

(a) a certificate purporting to be signed by the chief executive certifying that on a stated day or during a stated period the particulars in the certificate about any of the matters mentioned in section 21H did or did not appear in the records kept under that section is, on its production in the proceeding, admissible as evidence, and in the absence of evidence to the contrary is conclusive evidence of the matters in the certificate;

(b) a document purporting to be a report given to the chief executive for this Act in relation to an applicant or the holder of a licence, certificate or permit and relevant to the matter of inquiry is, on its production in an appeal against the chief executive’s decision, admissible as evidence of the matters in the document;

(c) a document purporting to be a copy of a licence or other document and certified as a true copy by the chief executive is evidence of the licence or document;

(d) a certificate purporting to be signed by the police commissioner stating the commissioner received, or did not receive, notice, in the approved form, about the towing of a private property motor vehicle is evidence of the matters stated in the certificate;

(e) the allegation in a complaint that—

(i) a person is or is not, or was or was not, at a time or date stated in the complaint—

(A) the owner of a vehicle; or

(B) the holder of a licence, certificate or permit relating to a tow truck; or

(ii) any thing is, or was, a vehicle of a particular class or description; or

(iii) any place is, or was—

(A) a road, or part of a road; or

(B) a private property, or part of a private property; or

(iv) a person was an occupier of private property or another place;

is evidence of the matter or matters alleged, and in the absence of evidence to the contrary is conclusive evidence of the matter or matters.