84General evidentiary provisions

84 General evidentiary provisions S. 84(1) amended by Nos 60/1994 s. 29(10), 46/1998 s. 7(Sch. 1), 57/1998 s. 4(5)(a), 92/2001 s. 23(1), 50/2012 s. 29(12), 43/2013 s. 53(4), 70/2013 s. 4(Sch. 2 item 44.12), 70/2016 s. 41(11), 63/2017 s. 21(Sch. 1 item 8.6), 49/2019 s. 116(Sch. 1 item 162(a)), 34/2023 s. 127(Sch. 1 item 13.4). (1) A certificate containing the prescribed particulars purporting to be issued by the Secretary or the Department or Safe Transport Victoria or an authorised person certifying as to any matter which appears in or can be calculated from the records kept by the Secretary or the Department or Safe Transport Victoria or a delegate of the Secretary or the Department or Safe Transport Victoria 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. 84(2) amended by No. 55/2013 s. 18. (2) Without affecting the generality of any provision of the **Evidence (Miscellaneous Provisions) Act 1958** or the **Evidence Act 2008**, a certificate or document which purports to have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to this Act and which purports to relate in any way to— (a) the registration or non-registration of a motor vehicle or trailer; or S. 84(2)(ab) inserted by No. 92/2001 s. 23(2). (ab) the registration number assigned to a motor vehicle or trailer; or S. 84(2)(ac) inserted by No. 92/2001 s. 23(2). (ac) the person who is entitled to use or possess a number plate bearing a particular registration number; or (b) the person who is the owner of a motor vehicle or trailer or in whose name a motor vehicle or trailer is registered; or (c) the fact that any person is or is not or was or was not permitted under a learner permit or licensed to drive a motor vehicle or a motor vehicle of any particular class; or (d) the suspension or cancellation of any registration or driver licence; or S. 84(2)(e) amended by No. 57/1998 s. 5(2)(b). (e) the GVM, load capacity or identification of any motor vehicle or trailer; or S. 84(2)(ea) inserted by No. 44/2003 s. 5, amended by No. 13/2024 s. 3(Sch. 1 item 11.5). (ea) the fact that a person is, or is not, or was, or was not, a member of, or a participant in, an approved road transport compliance scheme; or (f) any other matter relating to the use of motor vehicles or trailers on highways— is, for the purposes of this Act, admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in it. S. 84(3) amended by Nos 60/1994 s. 29(10), 46/1998 s. 7(Sch. 1), 57/1998 s. 4(5)(a), 14/2000 s. 21, 50/2012 s. 29(12), 43/2013 s. 53(5), 70/2013 s. 4(Sch. 2 item 44.12), 70/2016 s. 41(12), 63/2017 s. 21(Sch. 1 item 8.7), 49/2019 s. 116(Sch. 1 item 162(b)), 34/2023 s. 127(Sch. 1 item 13.4). (3) A certificate containing the prescribed particulars purporting to be issued by the Secretary or the Department or Safe Transport Victoria certifying that on a particular date a motor vehicle or trailer was registered 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 that person was, if that date is before 1 May 1999, the owner and in any other case the registered operator of that motor vehicle or trailer. (4) A certificate or document which purports to have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to this Act certifying that on a particular date a motor vehicle or trailer was registered under the corresponding Act 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 that person was the owner of that motor vehicle or trailer. S. 84(4A) inserted by No. 92/2001 s. 23(3), amended by Nos 50/2012 s. 29(12), 43/2013 s. 53(5), 70/2013 s. 4(Sch. 2 item 44.12), 70/2016 s. 41(12), 63/2017 s. 21(Sch. 1 item 8.7), 49/2019 s. 116(Sch. 1 item 162(b)), 34/2023 s. 127(Sch. 1 item 13.4). (4A) A certificate containing the prescribed particulars purporting to be issued by the Secretary or the Department or Safe Transport Victoria or an authorised person certifying that on a particular date— (a) a particular registration number was assigned to a particular motor vehicle or trailer; or (b) a particular person was 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 motor vehicle or trailer or that person was entitled to use or possess that number plate, as the case requires. S. 84(4B) inserted by No. 92/2001 s. 23(3). (4B) A certificate or document which purports to have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to this Act certifying that on a particular date— (a) a particular registration number was assigned under the corresponding Act to a particular motor vehicle or trailer; or (b) a particular person was entitled under the corresponding Act 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 motor vehicle or trailer or that person was entitled to use or possess that number plate, as the case requires. S. 84(4C) inserted by No. 49/2004 s. 27(1), amended by No. 49/2019 s. 116(Sch. 1 item 162(c)). (4C) A certificate purporting to be issued by the Secretary or the Department certifying that on a particular date— (a) a particular registration number was the subject of registration number rights; or (b) a particular person was the owner of registration number rights in respect of a particular registration number— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in it. S. 84(5) amended by No. 49/2004 s. 27(2). (5) In any proceedings for a contravention of section 7(1) proof that a motor vehicle or a trailer attached to a motor vehicle was used on a highway without having affixed to it both the identifying number plates and the appropriate registration label (if any) required by or under this Act is, in the absence of evidence to the contrary, proof that the motor vehicle or trailer was used in contravention of section 7(1). S. 84(6) amended by Nos 60/1994 s. 29(11), 46/1998 s. 7(Sch. 1), 50/2012 s. 29(12), 70/2013 s. 4(Sch. 2 item 44.12), 37/2014 s. 10(Sch. item 147.29), 70/2016 s. 41(12), 49/2019 s. 116(Sch. 1 item 162(d)). (6) In any proceedings for an offence against this Act or the regulations the statement of a police officer or an employee in the Department— (a) that writing or markings on a motor vehicle or trailer indicates or indicate the tare mass of the vehicle or trailer is admissible in evidence and, in the absence of evidence to the contrary, is proof of the unladen mass of the vehicle or trailer; (b) as to the mass of a motor vehicle or trailer which he or she has examined is admissible in evidence and, in the absence of evidence to the contrary, is proof of the mass of the vehicle or trailer; S. 84(6)(ba) inserted by No. 68/2017 s. 70. (ba) as to the power to mass ratio of a particular motor vehicle or class of motor vehicle is admissible in evidence and, in the absence of evidence to the contrary, is proof of the power to mass ratio of the motor vehicle or class of motor vehicle; (c) that a name written on a motor vehicle or trailer indicates that the named person owns the vehicle or trailer is admissible in evidence and, in the absence of evidence to the contrary, is proof that the named person owns the vehicle or trailer; (d) that an address written on a motor vehicle or trailer indicates that the address is the place of business from which the vehicle or trailer normally operates is admissible in evidence and, in the absence of evidence to the contrary, is proof that the specified address is the place of business from which the vehicle or trailer normally operates. S. 84(7) amended by No. 75/2010 s. 17. (7) In any proceedings for an offence described in section 66— S. 84(7)(a) amended by Nos 5/1990 s. 13(3)(a)(b), 28/2009 s. 31(1). (a) an image or message produced by a prescribed road safety camera used to detect speeding offences when tested, sealed and used in the prescribed manner; or S. 84(7)(ab) inserted by No. 94/2003 s. 20. (ab) an image or message produced by a prescribed process when used in the prescribed manner; or S. 84(7)(b) amended by No. 5/1990 s. 13(3)(a)(b), substituted by No. 28/2009 s. 31(2), amended by No. 18/2022 s. 4(1)(a). (b) an image or message produced by a prescribed road safety camera used to detect traffic signal offences, when used in the prescribed manner; or S. 84(7)(ba) inserted by No. 18/2022 s. 4(1)(b), amended by No. 34/2023 s. 49. (ba) an image or message produced by a prescribed road safety camera used to detect a portable device offence or seatbelt offence when used in the prescribed manner— showing or indicating— (c) the date, time or location of the alleged offence or the registration number or general identification mark of a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the offence took place on that date or at that time or at that location or in respect of the motor vehicle with that registration number or general identification mark (as the case may be); or S. 84(7)(ca) inserted by No. 92/2001 s. 23(4). (ca) a number plate bearing a registration number displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle involved in the offence was the motor vehicle to which that registration number was assigned at the date and time of the offence; or S. 84(7)(d) amended by No. 5/2016 s. 36(Sch. 1 item 40). (d) that a plate marked with the letter P was displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle was being driven by the holder of a driver licence issued on probation under this Act during the prescribed period after the date of the issue of the licence; or (e) that a plate marked with the letter L was displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle was being driven by the holder of a learner permit. S. 84(7A) inserted by No. 46/2024 s. 8. (7A) In any proceeding for an offence described in section 66A— (a) an image or message produced by a prescribed no‑truck zone camera used to detect an offence against section 65BA(1) when used in the prescribed manner; or (b) an image or message produced by a prescribed process when used in the prescribed manner— showing or indicating— (c) the date, time or location of the alleged offence or the registration number or general identification mark of a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the offence took place on that date or at that time or at that location or in respect of the motor vehicle with that registration number or general identification mark (as the case may be); or (d) a number plate bearing a registration number displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle involved in the offence was the motor vehicle to which that registration was assigned at the date and time of the offence. S. 84(8) inserted by No. 92/2001 s. 23(5). (8) In this section— S. 84(8) def. of *authorised person* amended by Nos 49/2019 s. 116(Sch. 1 item 162(e)), 18/2022 s. 4(2)(a). ***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; S. 84(8) def. of *portable device offence* inserted by No. 18/2022 s. 4(2)(b). ***portable device offence*** means an offence against the Road Rules that is prescribed for the purposes of this definition; S. 84(8) def. of *seatbelt offence* inserted by No. 18/2022 s. 4(2)(b). ***seatbelt offence*** means an offence against the Road Rules that is prescribed for the purposes of this definition. S. 84A inserted by No. 19/1991 s. 16, amended by Nos 14/2000 s. 26(2), 94/2003 s. 8(27).