South Australian Current Acts

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MOTOR VEHICLES ACT 1959 - SECT 141

141—Evidence by certificate etc

        (1)         A document purporting to be a certificate signed by the Registrar stating all or any of the following matters:

            (a)         that a specified person was not on a specified day or during a specified period the holder of a licence of a specified class or category or was not the holder of a towtruck certificate;

            (aa)         that, on a specified day, a specified person was or was not the holder of an exemption under section 81A(14);

            (ab)         that premises described in the certificate were not on a specified day or during a specified period the registered premises of a towtruck operator described in the certificate;

            (ac)         that a motor vehicle described in the certificate was or was not on a specified day or during a specified period registered in the name of a person described in the certificate;

            (b)         that a specified person had not on a specified day or during a specified period registered any motor vehicle whatever, or a specified motor vehicle;

            (c)         that no trade plate or no trade plate bearing a particular number had on a specified day or during a specified period been issued to a specified person;

            (d)         that a specified number was not the number on any trade plate in force on a specified day;

            (e)         that a specified motor vehicle was not on a specified day or during a specified period a registered motor vehicle;

            (ea)         that specified purposes were the purposes stated in the application for registration, renewal of registration, exemption from registration or a permit in respect of a specified motor vehicle or in the application for the issuing of specified trade plates;

            (f)         that a specified number was not on any specified day assigned to any motor vehicle whatever, or to a specified motor vehicle;

            (g)         that a specified person had not on or before a specified day made or delivered an application to the Registrar under a specified provision of this Act, or had not given, furnished or produced to the Registrar a notice, document or object required by or under a specified provision of this Act;

                  (i)         that a specified person had not on or before a specified day notified the Registrar in a prescribed manner of a change of name, residence or principal place of business or a change of postal address or garage address;

            (j)         that a document that is attached to the certificate, or that a document a copy of which is attached to the certificate, was lodged in the Registrar's office on a specified day;

            (k)         that a specified person had or had not on or before a specified day paid any specified fee or amount payable to the Registrar under this Act;

            (l)         that a specified person had not within a specified period attended a lecture conducted under a specified provision of this Act,

is in all legal proceedings and arbitrations proof of the matters so stated in the absence of proof to the contrary.

        (2)         A document purporting to be a certificate signed by an authority under the Heavy Vehicle National Law (South Australia) , the Heavy Vehicle National Regulations (South Australia) or a corresponding law stating matters relating to—

            (a)         the registration or non-registration of a motor vehicle; or

            (b)         the person recorded on a register as the operator of a motor vehicle; or

            (c)         the GCM, GVM, load capacity or identification of a motor vehicle; or

            (d)         any other matter relating to the use of a motor vehicle on roads; or

            (e)         whether a person has a licence or other authority to drive a motor vehicle, the extent of the authority conferred by the licence or other authority and any conditions of the licence or other authority; or

            (f)         any offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or

            (g)         demerit points incurred by any person,

is in all legal proceedings and arbitrations proof of the matters so stated in the absence of proof to the contrary.

        (2a)         In the absence of proof to the contrary, in proceedings under this Act, a notice of disqualification will be taken to have been given to a person—

            (a)         in the case of a notice receipt of which is personally acknowledged by the person—

                  (i)         by the person attending, within the period specified in the notice, at a place of a kind prescribed by the regulations; or

                  (ii)         by the person recording the acknowledgement, within the period specified in the notice, by electronic means of a kind determined by the Minister,

on the day on which receipt of the notice is so acknowledged; or

            (b)         in the case of a notice that is served on the person personally—on the day on which the notice is so served.

        (3)         A court may admit into evidence other documents prescribed by the regulations in the circumstances set out in the regulations.

        (4)         In this section—

"corresponding law" means a law of another State or Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this section.



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