Victorian Current Acts Victorian Current Acts(1) This section applies to any certificate referred to in section 123(4) or (9).
S. 123A(2) amended by No. 68/2009 s. 97(Sch. item 58.5).
(2) Despite section 123, a certificate to which this section applies is not evidence unless a copy of the certificate was served on the accused with the summons, or at least 28 days before the hearing at which it is sought to tender the certificate as evidence.
S. 123A(3) amended by No. 68/2009 s. 97(Sch. item 58.6).
(3) The accused is not entitled to question the authorised officer in relation to the certificate at a hearing unless the accused, at least 7 days before the hearing, gave the informant and the authorised officer a written notice requiring the authorised officer to attend the hearing.
(4) Service of a copy of the certificate for the purposes of this section may be proved—
(a) in any manner in which service of a summons may be proved; or
(b) if the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons.
S. 124 amended by Nos 5/1997
s. 24(4)(a)(d), 56/2003 s. 4, 68/2016 s. 112.