National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006
163Certificate evidence
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163 Certificate evidence
(1) A statement in a certificate purporting to have been issued by an Australian Authority, an Australian authorised officer or an Australian police officer that, at a specified time or during a specified period: (a) a specified vehicle or combination was or was not a heavy vehicle or heavy combination; or (b) a specified vehicle or combination was or was not of a particular class of heavy vehicle or heavy combination; or (c) a specified person was or was not the registered operator of a heavy vehicle; or (d) a specified person was or was not a member of or participant in an approved road transport compliance scheme; or (e) a specified location was or was not, or was or was not part of, a road or road‑related area; or (f) without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 10(3) (Roads and road‑related areas) or was not the subject of a declaration under section 10(4), or both; or (g) a specified location was or was not subject to a specified prohibition, restriction or other requirement regarding the operation or use of vehicles or specified classes of vehicles (including, for example, a temporary restriction on load limits during wet weather); or (h) a specified vehicle was or was not registered under an Australian road law; or (i) a specified vehicle was or was not insured to cover third party personal injury or death either generally or during a specified period or in a specified situation or specified circumstances; or (j) any specified specifications, capabilities or legal entitlements or other information relating to a specified vehicle or combination (or a specified component of a specified vehicle or combination) were or were not recorded in an Australian Authority’s records, or were or were not displayed on the vehicle or combination in accordance with an Australian road law; or (k) a specified person was or was not the holder of a driver licence that was of a specified class, or that was subject to specified conditions, and that authorised the person to drive a vehicle or combination or a vehicle or combination of a specified class; or (l) a specified person was or was not the holder of a driver licence that authorised the person to drive a vehicle or combination of a specified class either generally or at a specified time or during a specified period or on a specified route or in a specified area or subject to specified conditions; or (m) a specified person was or was not the holder of a permit under an Australian road law to drive or operate a specified vehicle or combination or a vehicle or combination of a specified class either generally or subject to specified conditions; or (n) a specified penalty, fee or charge was or was not, or is or is not, payable under an Australian road law by a specified person; or (o) a specified infringement notice under an Australian road law was served on a specified person in a specified way on a specified date; or (p) a specified infringement notice under an Australian road law was served in relation to a specified vehicle or combination; or (q) a specified infringement notice under an Australian road law has or has not been withdrawn or amended; or (r) a specified infringement notice under an Australian road law has been amended in a specified way on a specified date; or (s) a specified person has or has not paid a specified infringement penalty under an Australian road law; or (t) a specified person had or had not notified the Australian Authority: (i) of any change of address or of a specified change of address; or (ii) that the person suffered from any prescribed medical condition or from any specified prescribed medical condition; or (u) a specified person, vehicle or combination was or was not subject to a specified registration, licence, permit, authorisation, approval, exemption or notice under an Australian road law; or (v) a specified registration, licence, permit, authorisation, approval, exemption or notice was or was not varied, suspended, cancelled or revoked under an Australian road law; or (w) a specified person, vehicle or combination had or did not have specified legal entitlements; or (x) a specified document was or was not lodged, or a specified fee was or was not paid, by a specified person; or (y) a specified person was or was not an authorised officer under an Australian road law; or (z) a specified identification card was an identification card issued or designated by the Australian Authority and was or was not current; or (aa) a specified authorised officer was authorised to exercise a specified power, and: (i) was not restricted by an Australian Authority in the exercise of the power; or (ii) was not restricted in a specified way in the exercise of the power; or (bb) a specified person was a nominated police officer and thereby authorised to exercise a specified power; or (cc) a specified person was a police officer authorised to nominate police officers to exercise a specified power; or (dd) a specified person or body was an Australian Authority; or (ee) a specified person was an approved officer under Division 1 of Part 5; or (ff) specified terms and conditions were the terms and conditions on which a specified person was an approved officer under Division 1 of Part 5; or (gg) a specified industry code of practice was or was not registered under section 179 (Registration of industry codes of practice); or (hh) a specified road, or a specified part of a specified road, was a declared route; or (ii) a specified area was a declared zone; or (jj) a specified vehicle or combination (or specified component of a specified vehicle or combination) was weighed by or in the presence of a specified authorised officer or police officer on a specified weighbridge or weighing facility or by the use of a specified weighing device and that a specified mass was the mass of the vehicle or combination (or component); is admissible in any proceedings and is prima facie evidence of the matters stated. (2) Without limiting subsection (1), a statement in a certificate purporting to have been issued by an Australian Authority, an Australian authorised officer or an Australian police officer as to any matter that appears in or can be calculated from records kept or accessed by the Australian Authority or officer is admissible in any proceedings and is prima facie evidence of the matters stated.