QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.33Averments
Start here
Get a plain-English read of sec.33
Turn the raw legal text into a practical explanation grounded in Heavy Vehicle National Law Act 2012.
### sec.33 Averments
In a proceeding for an offence against the Law , a statement in the complaint for the offence that—
at a stated time or during a stated period—
a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or
a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or
any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;
is evidence of the matter.
Section 715 of the Law applies to the matter mentioned in subsection (1) (b) as if the matter were a matter stated in a certificate to which the section applies.
s 33 ins 2013 No. 4 s 10
(sec.33-ssec.1) In a proceeding for an offence against the Law , a statement in the complaint for the offence that— at a stated time or during a stated period— a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance; is evidence of the matter.
(sec.33-ssec.2) Section 715 of the Law applies to the matter mentioned in subsection (1) (b) as if the matter were a matter stated in a certificate to which the section applies.
- (a) at a stated time or during a stated period— (i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or (ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or
- (i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or
- (ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or
- (b) any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;
- (i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or
- (ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or