sec.128Other evidentiary provisions

sec.128 Other evidentiary provisions

In a complaint starting the proceeding, an allegation of the following matters is evidence of the matter and, in the absence of evidence to the contrary, is conclusive evidence of the matter— a person is or is not, or was or was not at a time or on a day stated in the complaint, the owner of a motor vehicle; a thing is or was a motor vehicle of a particular class or description; a place is or was— a road or part of a road; or a relevant off-street regulated parking area or part of a relevant off-street regulated parking area; or a private property or part of a private property; a person was an occupier of private property or another place. If the proceeding is a review of or appeal against a decision made by the chief executive, a document purporting to be a report given to the chief executive for this Act, in relation to a relevant person, that is relevant to the proceeding is admissible as evidence of the matters in the document. In this section— relevant person means— a person who applies for an accreditation under part 2 , division 2 ; or a person who is the holder of an accreditation; or an executive officer of a corporation that applies for an accreditation under part 2 , division 2 or is the holder of an accreditation; or a partner in a partnership that applies for an accreditation under part 2 , division 2 or is the holder of an accreditation. (sec.128-ssec.1) In a complaint starting the proceeding, an allegation of the following matters is evidence of the matter and, in the absence of evidence to the contrary, is conclusive evidence of the matter— a person is or is not, or was or was not at a time or on a day stated in the complaint, the owner of a motor vehicle; a thing is or was a motor vehicle of a particular class or description; a place is or was— a road or part of a road; or a relevant off-street regulated parking area or part of a relevant off-street regulated parking area; or a private property or part of a private property; a person was an occupier of private property or another place. (sec.128-ssec.2) If the proceeding is a review of or appeal against a decision made by the chief executive, a document purporting to be a report given to the chief executive for this Act, in relation to a relevant person, that is relevant to the proceeding is admissible as evidence of the matters in the document. (sec.128-ssec.3) In this section— relevant person means— a person who applies for an accreditation under part 2 , division 2 ; or a person who is the holder of an accreditation; or an executive officer of a corporation that applies for an accreditation under part 2 , division 2 or is the holder of an accreditation; or a partner in a partnership that applies for an accreditation under part 2 , division 2 or is the holder of an accreditation.

• (a) a person is or is not, or was or was not at a time or on a day stated in the complaint, the owner of a motor vehicle;