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). (3B) A certificate or document which purports to have been issued under any corresponding law certifying that on a particular date— S. 89(3B)(a) amended by Nos 74/2007 s. 72(3)(b), 8/2019 s. 124 (as amended by No. 49/2019 s. 168). (a) a particular registration number was assigned under the corresponding law to a particular vehicle or trailer; or S. 89(3B)(b) amended by No. 74/2007 s. 72(3)(b). (b) a particular person was entitled, or last entitled, under the corresponding law 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(4) substituted by No. 102/1998 s. 22(2). (4) A certificate in the prescribed form purporting to be issued by a relevant corporation, or a person authorised by a relevant corporation, certifying— S. 89(4)(a) amended by No. 4/2000 s. 9. (a) that a specified vehicle was, or was not, registered under this Part in respect of a specified toll zone at a specified time; or (b) that the relevant corporation was, or was not, a party to an agreement relating to the use of a specified vehicle in a toll zone at a specified time; or (c) that an agreement between a person and the relevant corporation relating to the use of a specified vehicle in a toll zone— (i) existed, or did not exist, at a specified time; or (ii) contained, or did not contain, specified terms; or S. 89(4)(ca) inserted by No. 49/2004 s. 13. (ca) that a specified vehicle was, or was not, covered by a tollway billing arrangement at a specified time; or (d) that a prescribed tolling device was used in the prescribed manner; or (e) that an image or message was produced by a prescribed process; or (f) as to any other matter that appears in, or that can be determined or calculated from, the records kept by the relevant corporation— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. S. 89(5) inserted by No. 92/2001 s. 32(6), amended by No. 49/2019 s. 186(Sch. 4 item 28.39(c)). (5) In this section— ***authorised person*** means a person who is authorised or who is the holder of a position authorised for the purposes of this section by the Secretary. Pt 4 Div. 3 (Heading and ss 90–91) amended[[8]](#endnote-9), substituted as Pt 4 Div. 3 (Heading and s. 90) by No. 70/2016 s. 46. Division 3—Disclosure of certain information S. 90 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.40). S. 90 substituted by No. 70/2016 s. 46.