ACTIn ForceAct
Road Transport (General) Act 1999
56Evidentiary certificates
Start here
Get a plain-English read of 56
Turn the raw legal text into a practical explanation grounded in Road Transport (General) Act 1999.
56 Evidentiary certificates
(1) This section applies to a proceeding for an infringement notice
(2) A certificate that appears to be signed by or on behalf of the
administering authority, and states any matter relevant to anything
done or not done under this part in relation to the offence, is evidence
of the matter.
(3) Without limiting subsection (2), a certificate given under that
subsection may state any of the following:
(a) a stated infringement notice or reminder notice was served by a
stated authorised person in a stated way on a stated person on a
stated date for a stated infringement notice offence;
(b) the administering authority did not allow additional time, or
allowed stated additional time, for payment of the infringement
notice penalty or to dispute liability for the offence;
(c) the infringement notice penalty was not paid within the time in
which it was required to be paid under this part;
(d) a stated person entered into an infringement notice management
plan on a stated date;
(e) a stated person agreed to take stated steps under the person’s
Miscellaneous Division 3.6
(f) a stated person took stated steps to comply with the person’s
(g) a stated person did not take stated steps to comply with the
person’s infringement notice management plan;
(h) the administering authority gave a notice to a stated person
about—
(i) the person’s failure to take stated steps to comply with the
person’s infringement notice management plan; and
(ii) how the noncompliance was to be dealt with as agreed
under the plan;
(i) the administering authority took or did not take other stated steps
to get a stated person to comply with the person’s infringement
notice management plan;
(j) the infringement notice has not been withdrawn or was
withdrawn on a stated date;
(k) the offence involved a stated vehicle or animal;
(l) a stated person was the responsible person (or a responsible
person) for a vehicle, or the owner (or an owner) of an animal,
on a stated date (and, if relevant, at a stated time on that date);
(m) a stated address was, on a stated date, the last home or business
address of a stated person known to the administering authority;
(n) a stated address or number was, on a stated date, the latest
business, home or email address, or fax number, of a stated
person recorded in a register or other record kept under a law of
another jurisdiction corresponding to the Road Transport
(Vehicle Registration) Act 1999;
(o) a stated person has not given the administering authority an
illegal user declaration, a known user declaration, a sold vehicle
declaration or an unknown user declaration;
(p) a stated person gave the administering authority a stated
declaration mentioned in paragraph (o) on a stated date;
(q) a copy of a stated declaration mentioned in paragraph (o) was
served by a stated authorised person in a stated way on a stated
person on a stated date;
(r) an infringement notice penalty has not been paid by, or a penalty
has not been imposed on, a stated person or anyone for the
(4) A court must accept a certificate given under this section as proof of
the matters stated in it if there is no evidence to the contrary.
(5) This section is additional to, and does not limit, section 72 (Certificate
evidence and other evidentiary provisions).
Part 4 Enforcement of road transport
Division 4.1 Production of licences and
identification of people
58 Police officer or authorised person may require name,
date of birth, address and driver licence—driver or rider
(1) A police officer or authorised person may, in the execution of any of
his or her functions under the road transport legislation, require the
driver of a vehicle, or the rider of an animal, to do 1 or more of the
following:
(a) for the driver of a motor vehicle—produce the person’s
Australian driver licence or external driver licence;
(b) for the rider of an animal—require the person to produce an
identification document if the person is carrying an
identification document;
(c) state the person’s name;
(d) state the person’s date of birth;
(e) state the person’s home address.
Note An authorised officer (within the meaning of the Heavy Vehicle National
Law (ACT)) may require a driver of a heavy vehicle to produce the
driver’s driver licence (see Law, s 568).
(2) A person commits an offence if the person fails to comply with a
request made by a police officer or authorised person under
subsection (1) (a), (c), (d) or (e).
Note It is an offence to produce false or misleading documents (see Criminal
Code, s 339).
(3) An offence against this section is a strict liability offence.
(4) It is a defence to a prosecution for an offence against
subsection (1) (a) if the defendant proves that the defendant—
(a) was not the driver of a heavy vehicle, or heavy combination,
when required to produce the licence; and
(b) has a reasonable excuse for failing to produce the licence when
required to do so; and
(c) within 3 days after being required to produce the licence,
produces the licence at a place prescribed by regulation or as
directed by the police officer or authorised person.
s (3) (see Criminal Code, s 59).
(5) In this section:
heavy combination—see the Heavy Vehicle National Law (ACT),
section 5.
identification document, includes the following:
(a) an Australian driver licence or foreign driver licence;
(b) a proof of identity card issued under the Liquor Act 2010,
section 210 (Proof of identity cards), or a corresponding
document issued under the law of a State;
(c) a passport;
(d) a student card;
(e) a document that contains a photograph that could reasonably be
taken to be the person and states the person’s name and date of
birth.