Victorian Current Acts

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COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 281

Evidentiary certificates

In any proceeding for an offence against an industry law, a certificate signed, or purporting to be signed, by the regulator or an authorised officer stating any of the following matters is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated—

        (a)     a stated document is one of the following things made, given, served or issued under an industry law

              (i)     an appointment or a decision;

              (ii)     a notice, notification, direction or requirement;

              (iii)     a permission;

        (b)     a stated document is one of the following things served—

              (i)     an improvement notice or an amendment to an improvement notice already served;

              (ii)     a prohibition notice or an amendment to a prohibition notice already served;

              (iii)     a clearance certificate served in relation to an improvement notice;

              (iv)     a certificate served in relation to a prohibition notice;

        (c)     a stated document is a copy of a thing referred to in paragraph (a) or (b);

        (d)     on a stated day, or during a stated period, a stated person was or was not an accredited driver or registered booking service provider;

        (e)     on a stated day, or during a stated period, a permission was or was not in effect;

        (f)     on a stated day, or during a stated period, a permission was suspended;

        (g)     on a stated day a permission was cancelled or surrendered;

        (h)     on a stated day a condition on a permission was, imposed varied or revoked;

              (i)     on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in effect for a stated person;

        (j)     on a stated day a stated person was given a stated notice, notification or direction under this Act or the regulations;

        (k)     on a stated day a person was served—

              (i)     an improvement notice or prohibition notice; or

              (ii)     an amendment to an improvement notice or prohibition notice already served;

        (l)     on a stated day—

              (i)     an improvement notice was cancelled; or

              (ii)     a prohibition notice was withdrawn;

        (m)     on a stated day a clearance certificate under section 177 was served;

        (n)     on a stated day a certificate under section 186 was served;

        (o)     on a stated day a stated requirement was made of a stated person;

        (p)     that a stated amount is payable under this Act or the regulations by a stated person and has not been paid.

Division 5—Other

S. 282 inserted by No. 63/2017 s. 19.



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