Victorian Numbered Acts Victorian Numbered ActsAfter section 230A of the Transport Act 1983 insert —
(1) If a fact relating to a smartcard is relevant in proceedings relating to a ticket offence, evidence of that fact as indicated or determined by a prescribed device that was used in the prescribed manner (if any) or by a printed document that was produced by a prescribed process is admissible in evidence in those proceedings.
(2) For the purposes of this section, a fact relates to a smartcard if it relates to—
(a) the smartcard itself, including its type, identifying numbers and manner of acquisition; or
(b) the holder of the smartcard; or
(c) the existence, or possible existence, of an entitlement to use a public transport service; or
(d) the use of the smartcard.
(1) A certificate purporting to be issued by an authorised officer who used a hand held reader to copy or transfer information from a smartcard produced to the authorised officer for inspection certifying as to the information copied or transferred from the smartcard in relation to all or any of the following matters—
(a) the card number;
(b) the card type;
(c) the name of the card holder (if applicable);
(d) the use of the card;
(e) the entitlement to use a public transport service—
is admissible in evidence in any proceedings relating to a ticket offence.
(2) Subject to section 230AF, if a certificate is issued under subsection (1) in respect of a smartcard, it is presumed for the purposes of any proceedings relating to a ticket offence that the smartcard had accurately recorded and discharged the information copied or transferred from it by the hand held reader.
A certificate purporting to be issued by a person authorised by the Public Transport Ticketing Body or the Chief Executive Officer of that Body certifying that—
(a) at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or
(b) at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process—
is admissible in evidence in any proceedings relating to a ticket offence.
(1) If the informant in proceedings relating to a ticket offence serves on the defendant, by the required time, a copy of a certificate referred to in section 230AC, the certificate is conclusive proof of—
(a) the facts and matters stated in that certificate; and
(b) the fact that the hand held reader used was a prescribed device; and
(c) the fact that the hand held reader was used in the prescribed manner (if any); and
(d) the fact that the hand held reader had operated correctly.
(2) If the informant in proceedings relating to a ticket offence serves on the defendant, within the required time, a notice setting out the presumptions set out in section 230AC(2), the facts that are the subject of the presumptions are to be taken to have been conclusively proved.
(3) If the informant in proceedings relating to a ticket offence serves on the defendant, within the required time, copy of a certificate referred to in section 230AD, the certificate is conclusive proof—
(a) that the person giving the certificate was authorised to do so; and
(b) in the case of a certificate under section 230AD(a) of—
(i) the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and
(ii) the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and
(c) in the case of a certificate under section 230AD(b) of—
(i) the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and
(ii) the facts indicated or determined by the printed documents.
(4) This section is subject to section 230AF.
(5) In this section "required time" means no less than 56 days before the hearing for the relevant ticket offence.
(1) The defendant in any proceedings relating to a ticket offence may give notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that—
(a) he or she requires the person giving a certificate referred to in section 230AD to be called as a witness; or
(b) he or she intends to adduce evidence in rebuttal of any fact or matter—
(i) stated in a certificate referred to in section 230AC or 230AD; or
(ii) referred to in section 230AE(1) or 230AE(3); or
(c) he or she intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in section 230AC(2).
(2) A notice under subsection (1) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence that the defendant intends to have adduced at the hearing.
(3) The defendant may not, except with the leave of the court, introduce expert evidence at the hearing if the nature of that evidence was not indicated in a notice under subsection (1).
(4) Subject to subsection (7), if a defendant gives a notice to the informant in accordance with subsection (1)(a), the certificate remains admissible as evidence of the facts or matters contained in the certificate or referred to in section 230AE(3) but ceases to be conclusive proof of those facts or matters.
(5) Despite any order under subsection (7), if a defendant gives a notice to the informant under subsection (1)(b) in relation to a fact or matter contained in a certificate or referred to in section 230AE(1) or 230AE(3), the certificate—
(a) remains admissible as evidence of that fact or matter but ceases to be conclusive proof of that fact or matter; and
(b) remains admissible as conclusive proof of the facts or matters contained in the certificate or referred to in section 230AE(1) or 230AE(3) that are not specified in the notice.
(6) If a defendant gives notice to the informant under subsection (1)(c) in relation to a fact set out in section 230AC(2), that fact ceases to be presumed and ceases to be taken to be conclusively proved but the certificate if admitted in evidence is deemed to be evidence of that fact.
(7) If a defendant gives notice to the informant in accordance with subsection (1)(a) that he or she requires the person giving a certificate referred to in section 230AD to be called as a witness and the court is satisfied that that person—
(a) is dead; or
(b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or
(c) has ceased to be a person authorised by the Public Transport Ticketing Body or the Chief Executive Officer of that Body or is out of Victoria and it is not reasonably practicable to secure his or her attendance; or
(d) cannot with reasonable diligence be found—
the court must order that section 230AE has effect as if the notice had not been given.
(1) Nothing in section 230AE prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in that section.
(2) If an informant adduces evidence as provided in subsection (1), the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only.
(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing devices for the purposes of sections 230AB, 230AD and 230AE and the manner of using (including testing) those devices; and
(b) the processes for loading information onto a prescribed device, copying or transferring information between prescribed devices, storing of information by a prescribed device and producing a printed record of information stored by a prescribed device; and
(c) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.
(2) The regulations—
(a) may be of general or of specially limited application; and
(b) may differ according to differences in time, place or circumstance; and
(c) may require a matter affected by the regulations to be—
(i) in accordance with a specified standard or specified requirement; or
(ii) approved by or to the satisfaction of a specified person or a specified class of person; or
(iii) as specified in both subparagraphs (i) and (ii); and
(d) may apply, adopt or incorporate any matter contained in any document whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as in force at a particular time or as in force from time to time; and
(e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person.".