CTHRepealedAct
National Road Transport Commission Act 1991
44Acts done by Australian Transport Council
Start here
Get a plain-English read of 44
Turn the raw legal text into a practical explanation grounded in National Road Transport Commission Act 1991.
##### 44 Acts done by Australian Transport Council
(1) A certificate that:
(a) purports to be signed by a member of the Australian Transport Council, or by a person authorised by the Australian Transport Council by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of this subsection; and
(b) states that the Australian Transport Council or the Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;
is, upon mere production, receivable as prima facie evidence that the Australian Transport Council or the Ministerial Council, as the case requires, has done the actor thing or formed the opinion.
(2) A certificate that:
(a) purports to be signed by a member of the Australian Transport Council; and
(b) states that a specified person is authorised by the Australian Transport Council, by resolution carried in accordance with the Heavy Vehicles Agreement, to sign certificates for the purposes of subsection (1);
is, upon mere production, receivable as prima facie evidence that the person is so authorised.
(3) An act or thing done by the Australian Transport Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.
(4) A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Australian Transport Council is a reference to an act or thing done by the Australian Transport Council under or in connection with:
(a) this Act; or
(b) an instrument under this Act; or
(c) an Agreement.
(5) A reference in paragraph (1)(b) to an opinion formed by the Australian Transport Council is a reference to an opinion formed by the Australian Transport Council under or in connection with:
(a) this Act; or
(b) an instrument under this Act; or
(c) an Agreement.
(6) In this section:
> Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement, as in force before the commencement of this subsection.