Heavy Vehicle National Law (Queensland)
sec.714Evidence by certificate by authorised officer about instruments
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sec.714 Evidence by certificate by authorised officer about instruments
A certificate purporting to be issued by an authorised officer and stating that, on a stated day or at a stated time on a stated day, a stated instrument— was in a proper condition; or had a stated level of accuracy; is evidence of those matters on the stated day or at the stated time. Evidence of the condition of the instrument, or the way in which it was operated, is not required unless evidence that the instrument was not in proper condition or was not properly operated has been given. A defendant in a proceeding for an offence against this Law who intends to challenge the condition of an instrument, or the way in which it was operated, 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. In this section— instrument means— a weighing device; or an intelligent transport system. (sec.714-ssec.1) A certificate purporting to be issued by an authorised officer and stating that, on a stated day or at a stated time on a stated day, a stated instrument— was in a proper condition; or had a stated level of accuracy; is evidence of those matters on the stated day or at the stated time. (sec.714-ssec.2) Evidence of the condition of the instrument, or the way in which it was operated, is not required unless evidence that the instrument was not in proper condition or was not properly operated has been given. (sec.714-ssec.3) A defendant in a proceeding for an offence against this Law who intends to challenge the condition of an instrument, or the way in which it was operated, must give the complainant notice of the intention to challenge. (sec.714-ssec.4) 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.714-ssec.5) In this section— instrument means— a weighing device; or an intelligent transport system.
- (a) was in a proper condition; or
- (b) had a stated level of accuracy;
- (a) signed by the defendant; and
- (b) given at least 14 days before the day fixed for the hearing of the charge.
- (a) a weighing device; or
- (b) an intelligent transport system.