Victorian Numbered Regulations

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ROAD SAFETY (GENERAL) REGULATIONS 2009 (SR NO 115 OF 2009) - REG 79

Proof of prior convictions or findings of guilt

    (1)     For the purposes of section 90(1) of the Act, a document setting out particulars of alleged prior convictions or findings of guilt must contain the following particulars—

        (a)     the name and address of the person to whom it applies; and

        (b)     in respect of each alleged prior conviction or finding of guilt—

              (i)     the court that convicted the person or found the person guilty; and

              (ii)     the date of the alleged conviction or finding of guilt; and

              (iii)     a short description of the alleged offence and a short description of the alleged penalty imposed.

    (2)     For the purposes of section 90(2)(a) of the Act, the prescribed particulars are a statement that the document will be admissible as evidence that the person has been previously convicted or found guilty as alleged if—

        (a)     the person does not appear in answer to the summons served with the notice; and

        (b)     the person is convicted or found guilty of the infringement alleged in the summons.

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