89General evidentiary provisions

89 General evidentiary provisions

S. 89(1) amended by No. 102/1998 s. 22(1)(b).

(1) A certificate in the prescribed form purporting to be issued by the enforcement agency certifying as to any matter related to a toll which appears in or can be calculated from the records kept by the enforcement agency is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of that matter.

S. 89(2) amended by Nos 50/1998
s. 21, 102/1998 s. 22(1)(b)(c), 92/2001 s. 32(4), 74/2007 s. 72(1), 70/2013 s. 4(Sch. 2 item 31.2), 3/2017 s. 50(Sch. 1 item 3), 8/2019 s. 124 (as amended by No. 49/2019 s. 168), 49/2019 s. 186(Sch. 4 item 28.39(a)).

(2) A certificate in the prescribed form purporting to be issued by the the Head, Transport for Victoria or the Secretary or an authorised person certifying that on a particular date a vehicle or trailer was registered under the Road Safety Act 1986 in the name of a particular person is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, on that date, the person was the operator of the vehicle or trailer.

S. 89(3) amended by Nos 102/1998 s. 22(1)(b), 74/2007 s. 72(2), 8/2019 s. 124 (as amended by No. 49/2019 s. 168).

(3) A certificate or document which purports to have been issued under a corresponding law certifying that on a particular date a vehicle or trailer was registered under that corresponding law in the name of a particular person is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, on that date, the person was the operator of the vehicle or trailer.

S. 89(3A) inserted by No. 92/2001 s. 32(5), amended by Nos 70/2013 s. 4(Sch. 2 item 31.2), 8/2019 s. 124 (as amended by No. 49/2019 s. 168), 49/2019 s. 186(Sch. 4 item 28.39(b)).

(3A) A certificate containing the prescribed particulars purporting to be issued by the Secretary or an authorised person certifying that on a particular date—

S. 89(3A)(a) amended by No. 8/2019 s. 124 (as amended by No. 49/2019 s. 168).

(a) a particular registration number was assigned to a particular vehicle or trailer; or

(b) a particular person was entitled, or last entitled, to use or possess a number plate bearing a particular registration number—

is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that vehicle or trailer or that person was entitled, or last entitled, to use or possess that number plate, as the case requires.

S. 89(3B) inserted by No. 92/2001 s. 32(5), amended by Nos 74/2007 s. 72(3)(a), 8/2019 s. 124 (as amended by No. 49/2019 s. 168).