NSWIn ForceAct
Tow Truck Industry Act 1998
101Evidence
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#### 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.
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> > (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—
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> > > (a) that a person was or was not, on a specified date, a licensee or certified driver,
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> > > (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,
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> > > (c) that a licence or drivers certificate specified in the certificate was, during any specified period, suspended,
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> > > (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,
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> > > (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,
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> > is admissible in evidence in any proceedings and is evidence of the matters stated in the certificate.
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> **s 101:** Am 2007 No 54, Sch 1 \[26\]; 2017 No 22, Sch 1.22 \[15\].