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Heavy Vehicle National Law Act 2012
sec.715Challenging evidence by certificate
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### sec.715 Challenging evidence by certificate
A defendant in a proceeding for an offence against this Law who intends to challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) must give the complainant notice of the intention to challenge.
The notice must be—
signed by the defendant; and
given at least 14 days before the day fixed for the hearing of the charge.
If the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state—
the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and
the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.
A defendant in a proceeding for an offence against this Law can not challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) unless—
the defendant has complied with this section; or
the court gives leave to the defendant to challenge the matter, in the interests of justice.
This section applies only if the defendant is given a copy of the certificate at least 28 days before the appointed date for the hearing of the charge.
sch s 715 ins 2013 No. 4 s 12
(sec.715-ssec.1) A defendant in a proceeding for an offence against this Law who intends to challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) must give the complainant notice of the intention to challenge.
(sec.715-ssec.2) The notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing of the charge.
(sec.715-ssec.3) If the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state— the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.
(sec.715-ssec.4) A defendant in a proceeding for an offence against this Law can not challenge a matter stated in a certificate mentioned in section 711 , 712 , 713 or 714 (1) unless— the defendant has complied with this section; or the court gives leave to the defendant to challenge the matter, in the interests of justice.
(sec.715-ssec.5) This section applies only if the defendant is given a copy of the certificate at least 28 days before the appointed date for the hearing of the charge.
- (a) signed by the defendant; and
- (b) given at least 14 days before the day fixed for the hearing of the charge.
- (a) the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and
- (b) the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.
- (a) the defendant has complied with this section; or
- (b) the court gives leave to the defendant to challenge the matter, in the interests of justice.