South Australian Current Acts

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ROAD TRAFFIC ACT 1961 - SECT 163ZE

163ZE—Service of certificates

        (1)         If a road authority proposes to use a certificate referred to in section 163ZD in proceedings, the road authority must serve a copy of the certificate on the defendant at least 28 working days before the day on which the matter is set down for hearing.

        (2)         Such a certificate cannot be used in the proceedings unless a copy of the certificate has been served in accordance with this section.

        (3)         A defendant who wishes to challenge a statement in such a certificate must serve a notice in writing on the road authority at least 14 working days before the day on which the matter is set down for hearing.

        (4)         The notice of intention must specify the matters in the certificate that are intended to be challenged.

        (5)         If the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate, the defendant must specify the reason why the defendant alleges that it is inaccurate and must specify the measurement, analysis or reading that the defendant considers to be correct.

        (6)         The defendant cannot challenge any matter in the certificate if the requirements of this section have not been complied with in relation to the certificate, unless the court gives leave to do so in the interests of justice.



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