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Magistrates Court Act 1930
136Evidentiary certificates
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136 Evidentiary certificates
(1) This section applies to a proceeding for an infringement notice
(2) A certificate that appears to be signed by or on behalf of the
administering authority, and states any matter relevant to anything
done or not done under this part in relation to the offence, is evidence
of the matter.
(3) Without limiting subsection (2), a certificate given under that
subsection may state any of the following:
(a) a stated infringement notice or reminder notice was served by a
stated authorised person in a stated way on a stated person on a
stated date for a stated infringement notice offence;
(b) the administering authority did not allow additional time, or
allowed stated additional time, for payment of the infringement
notice penalty or to dispute liability for the offence;
(c) the infringement notice penalty was not paid within the time in
which it was required to be paid under this part;
Infringement notices—other provisions Division 3.8.5
(d) the infringement notice has not been withdrawn or was
withdrawn on a stated date;
(e) a stated address was, on a stated date, the latest business, home
or email address, or fax number, of a stated person recorded in
a register or other record kept by the administering authority;
(f) an infringement notice penalty has not been paid by, or a penalty
has not been imposed on, a stated person or anyone for the
(4) A court must accept a certificate given under this section as proof of
the matters stated in it if there is no evidence to the contrary.
Division 3.9.1 Enforcement of criminal decisions—general
Part 3.9 Enforcement of criminal
decisions
Division 3.9.1 Enforcement of criminal decisions—
141 Minute of decision and notice to defendant
(1) If the court convicts or makes an order against a defendant—
(a) a minute or memorandum of the conviction or order must be
made and signed by the magistrate exercising the jurisdiction of
the court; and
(b) the defendant must be notified in writing of the conviction or
order.
Note 1 If the defendant is sentenced to imprisonment, the court must issue a
warrant for the imprisonment of the defendant in the director-general’s
custody (see Crimes (Sentence Administration) Act 2005, s 12).
Note 2 If the defendant is liable to pay a fine, the notice must contain a penalty
notice for the fine (see Crimes (Sentence Administration) Act 2005,
s 116C (Registrar to send penalty notice)).
(2) A minute or memorandum under subsection (1) (a) may specify the
amount of any victims financial assistance levy imposed under the
Victims of Crime (Financial Assistance) Act 2016, part 7.
(3) Failure to comply with subsection (1) does not invalidate a conviction
or order or the enforcement of a conviction or order.
(4) The minute must not form part of—
(a) a warrant under the Crimes (Sentence Administration) Act 2005,
section 12 (Warrant for imprisonment); or
(b) an enforcement order.
Enforcement of criminal decisions—general Division 3.9.1