101Evidence

101 Evidence

101 Evidence

(1) If, in any proceedings, it is proved that on a certain day or during any period a person was a licensee or a certified driver, it is to be presumed, in the absence of proof to the contrary, that the person was carrying on the business of a tow truck operator, or was employed (or otherwise engaged) as a tow truck driver, on that day or during that period.

(2) A certificate signed by the Secretary, or by an employee of the Department authorised by the Secretary for the purposes of this section, certifying any of the following—

(a) that a person was or was not, on a specified date, a licensee or certified driver,

(b) that particulars or conditions specified in the licence or drivers certificate were, on a specified date, the particulars or conditions specified in the licence or drivers certificate,

(c) that a licence or drivers certificate specified in the certificate was, during any specified period, suspended,

(d) that a licence or drivers certificate specified in the certificate was, on a specified date, suspended or revoked or otherwise ceased to be in force,

(e) that any particulars specified in the certificate, being particulars of any thing contained in the register kept by the Secretary under section 39, were, on a specified date, the particulars so specified,

is admissible in evidence in any proceedings and is evidence of the matters stated in the certificate.

s 101: Am 2007 No 54, Sch 1 [26]; 2017 No 22, Sch 1.22 [15].