26Offences in the statutory rules and certificate evidence

#### 26 Offences in the statutory rules and certificate evidence 26 Offences in the statutory rules and certificate evidence (cf DL Act, ss 19(3) and 19A; Gen Act, ss 10(4), 11A(3), 11B(3), 11C(3) and 28A(3); STM Act, s 71(7)–(10); VR Act, s 14(4)) > > (1) Subject to subsection (2), the statutory rules may create offences (including by making provision for or with respect to defences for such offences and who bears the onus of proof in respect of such defences). > > > (2) Offences created by the statutory rules may be made punishable by a penalty not exceeding 50 penalty units. > > > (3) In addition to a penalty referred to in subsection (2), the statutory rules may provide for a person who is convicted of an offence against this Act or the statutory rules— > > > > > (a) to be automatically disqualified by virtue of the conviction from holding a driver licence for a period not exceeding 6 months, or > > > > > (b) to be disqualified by order of the court that convicts the person of the offence from holding a driver licence for such period as the court thinks fit (whether for a period that is shorter or longer than a period of automatic disqualification referred to in paragraph (a)). > > > (4) The statutory rules may provide for a person who is prosecuted for an aggravated form of an offence against the statutory rules to be convicted by a court of a lesser offence if the court is not satisfied that the elements of the aggravated offence have been proven, but is satisfied that the elements of the lesser offence have been proven. > > > (5) The statutory rules may provide for a document that is signed or purports to be signed by or on behalf of Transport for NSW or other specified person in respect of a speed limit applying to a road that certifies any matter specified by the statutory rules concerning the speed limit (or the operation of any device by means of which the speed limit is imposed) to be admissible and prima facie evidence of that matter in proceedings before a court or tribunal. > > **s 26:** Am 2017 No 61, Sch 1.1.