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Road Transport (General) Act 1999
72Certificate evidence and other evidentiary provisions
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72 Certificate evidence and other evidentiary provisions
(1) A certificate that appears to be signed by or on behalf of the road
transport authority or the MAI commissioner, and states any of the
following matters, is evidence of:
(a) a matter that appears in or can be worked out from the demerit
points register or driver licence register kept under the Road
Transport (Driver Licensing) Act 1999;
(b) a matter that appears in or can be worked out from (or does not
appear in or cannot be worked out from) the registrable vehicles
register kept under the Road Transport (Vehicle Registration)
Act 1999;
Evidentiary provisions in relation to road transport legislation Division 4.3
(c) a matter that appears in, or can be worked out from a person’s
interlock data record under the Road Transport (Driver
Licensing) Regulation 2000;
(d) whether a stated vehicle was or was not the nominated vehicle
for a stated person under the Road Transport (Driver Licensing)
Regulation 2000, section 73X (Nomination of vehicle);
(e) whether a stated nominated vehicle for a stated person under the
Road Transport (Driver Licensing) Regulation 2000,
section 73X (Nomination of vehicle) had or did not have a fitted
interlock;
(f) whether a stated person had or did not have an interlock
exemption with or without conditions, under the Road Transport
(Driver Licensing) Regulation 2000, division 3A.3 (Interlock
exemptions);
(g) a matter that appears in, or can be worked out from, the MAI
insurance licence register kept under the Motor Accident
Injuries Act 2019;
(h) a matter that appears in or can be worked out from any other
record kept by the authority under the road transport legislation.
Note MAI commissioner—see the Motor Accident Injuries Act 2019,
(2) A certificate that appears to be signed by or on behalf of an approved
interlock installer or an approved interlock service provider under the
Road Transport (Driver Licensing) Regulation 2000 and states that a
matter that appears in, or can be worked out from, a person’s interlock
data record under that regulation is evidence of the matter.
(3) A certificate mentioned in subsection (1) or (2) may state a matter by
reference to a date or period.
(4) A certificate that appears to be signed by or on behalf of the road
transport authority or the MAI commissioner, and states any matter
prescribed by regulation for this section, is evidence of the matter.
(5) A court may admit as evidence a document issued under the law of
another jurisdiction, an external territory or foreign country that
relates to—
(a) whether a person has or does not have an Australian driver
licence or external driver licence, the extent of the authority
given by such a licence and any conditions of such a licence; or
(b) whether a person is or was disqualified from holding or
obtaining an Australian driver licence or external driver licence
and the circumstances of any such disqualification; or
(c) any offence against a law of that other jurisdiction
corresponding to the road transport legislation (or a provision of
it), or against another law of that jurisdiction in relation to the
use of a motor vehicle or driver licensing, of which a person has
been convicted or found guilty, or for which an infringement
notice has been served on a person, including any penalty
imposed or other order made in relation to the offence and any
disqualification from holding or obtaining an Australian driver
licence applying to the person because of the offence; or
(d) demerit points incurred by a person; or
(e) anything else prescribed by regulation.
(6) A court may admit as evidence a document that is issued under a law
of another jurisdiction corresponding to this section and that relates
to—
(a) the registration or non-registration of a registrable vehicle; or
(b) a person recorded on a register of registrable vehicles, kept
under the law of that jurisdiction that corresponds to the Road
Transport (Vehicle Registration) Act 1999, as a registered
operator of a registrable vehicle; or
(c) the GCM, GVM, load capacity or identification of a motor
vehicle; or
Evidentiary provisions in relation to road transport legislation Division 4.3
(d) anything else about the use of registrable vehicles or light rail
vehicles on roads or road related areas.
(7) A court must accept a certificate or other document mentioned in this
section as proof of the matters stated in it if there is no evidence to
the contrary.
(8) A court may or must admit into evidence other documents prescribed
by regulation in the circumstances prescribed by regulation.
(9) In a proceeding in a court, proof that a registrable vehicle does not
have a numberplate on it issued under the Road Transport (Vehicle
Registration) Act 1999 is evidence that the vehicle is not registered if
there is no evidence to the contrary.
(10) In this section:
GCM—see the Road Transport (Vehicle Registration) Act 1999,
GVM—see the Road Transport (Vehicle Registration) Act 1999,
infringement notice means a notice (however described) served on a
person under the law of another jurisdiction that gives the person the
option of paying an amount for an offence instead of being charged
with the offence.