230Evidentiary provisions

230 Evidentiary provisions S. 230(1) amended by Nos 100/1986 s. 42(a), 44/1989 s. 40(Sch. 1 item 2.1), 30/2000 s. 29(1)(a)(b), 49/2019 s. 186(Sch. 4 item 45.54(a)). (1) On the prosecution of any person for stealing any property in or from any vehicle owned or leased by the Head, Transport for Victoria or premises owned or occupied by the Head, Transport for Victoria or for receiving or having in his possession any property suspected of being so stolen— (a) evidence may be given of any writing or marks on the property or on any package or container in which the property was enclosed or on any label attached to the property or that package or container without producing or giving notice to produce the original writing or marks; and (b) a document purporting to be a consignment note, tally note, bill of lading, shipping or railway receipt, delivery order, specification, schedule, packing list or invoice relating to the property shall be admissible in evidence and, in the absence of evidence to the contrary, shall be proof of the particulars contained in the document. S. 230(2) amended by Nos 100/1986 s. 42(b), 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 13), 81/1990 s. 6, 98/1998 s. 37(1)(a)(b), 45/1999 s. 31(1)(a)(b), 30/2000 s. 29(2)(a)(b), 49/2019 s. 186(Sch. 4 item 45.54(b)). (2) A certificate purporting to be issued by the Head, Transport for Victoria or signed by the chief executive of a passenger transport company, a bus company or a rail corporation certifying that any land, buildings or other property (whether real or personal) described in the certificate is vested in, occupied by or operated by or on behalf of the Head, Transport for Victoria, that company or the rail corporation (as the case requires) shall be admissible in evidence in any proceedings and, in the absence of evidence to the contrary, shall be proof of the matters stated in the certificate. S. 230(3) amended by Nos 10087 s. 3(1)(Sch. 1 item 287), 44/1989 s. 40(Sch. 1 items 12, 13, 17), 49/2019 s. 186(Sch. 4 item 45.54(c)). (3) In any prosecution or legal proceedings under this or any other Act, under regulations made under this Act or under regulations or by-laws made under any other Act a statement (whether oral or in writing) by an employee in the Department (being an officer authorised to make the statement by the Head, Transport for Victoria or the Secretary) that— (a) a road is a State highway, main road, tourists' road, forest road, freeway, stock route or metropolitan bridge; or (b) a place road structure or thing is or forms part of the West Gate Bridge— shall be sufficient evidence of that fact until the contrary is shown. S. 230(3A) inserted by No. 120/1993 s. 65(3), amended by Nos 98/1998 s. 37(2)(a)(b), 45/1999 s. 31(2)(a)–(c), substituted by No. 30/2000 s. 29(3), amended by No. 49/2019 s. 186(Sch. 4 item 45.54(d)). (3A) A certificate purporting to be issued by a person who is employed or engaged by a passenger transport company, a bus company or a rail corporation authorised to sign that certificate by the chief executive of that company or the rail corporation (as the case requires), certifying as to any matter which appears in or can be calculated from the records kept by or on behalf of that company or rail corporation (as the case requires) in connection with any ticketing system operated by it or on its behalf is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. S. 230(4) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 13), 60/1994 s. 27(a)–(c), 28/1996 s. 4(j), 98/1998 s. 37(3)(a)(b), 45/1999 s. 31(3)(a)(b), substituted by No. 30/2000 s. 29(4), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 44), 61/2011 s. 25(Sch. 1 item 13.14), 3/2017 s. 50(Sch. 1 item 10.10), 35/2017 s. 67, 63/2017 s. 21(Sch. 1 item 10.29), 49/2019 s. 186(Sch. 4 item 45.54(e)), 34/2023 s. 127(Sch. 1 item 17.6). (4) Any notice, statement, certificate or other document purporting to be signed by the Secretary or the Chief Executive of Safe Transport Victoria or of an officer in the Department or an employee of Safe Transport Victoria or of a person who is employed or engaged by a passenger transport company, a bus company or a rail corporation authorised to sign that notice, statement, certificate or other document by the Secretary or the Chief Executive of Safe Transport Victoria or of the passenger transport company, the bus company or the rail corporation (as the case requires) shall be admissible in evidence in any proceedings and, in the absence of evidence to the contrary, shall be proof of the matters therein set forth. S. 230(4A) inserted by No. 49/2019 s. 186(Sch. 4 item 45.54(f)). (4A) A notice, statement, certificate or other document purporting to be issued by the Head, Transport for Victoria is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matters set out in the notice, statement, certificate or document. S. 230(5) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 13), 98/1998 s. 37(4)(a)(b), 45/1999 s. 31(4)(a)(b), 30/2000 s. 29(5)(a)(b), 49/2019 s. 186(Sch. 4 item 45.54(g)). (5) Any minute or record of the proceedings of the Head, Transport for Victoria, a passenger transport company, a bus company or a rail corporation or a copy of such a minute or record certified as correct by the Head, Transport for Victoria or the chief executive of that company or the rail corporation (as the case requires) shall be presumed to be correct until the contrary is shown. (6) A document purporting to be a minute or record or copy referred to in subsection (5) shall, until the contrary is shown, be deemed to be such a minute or record or copy. S. 230(7) inserted by No. 9984 s. 5(h), repealed by No. 100/1986 s. 3(22), new s. 230(7) inserted by No. 69/2007 s. 4, amended by No. 61/2011 s. 29(2)(3) (as amended by No. 66/2012 s. 33(2)), repealed by No. 49/2019 s. 186(Sch. 4 item 45.54(h)). S. 230A inserted by No. 9/2006 s. 127, amended by Nos 19/2010 s. 79, 23/2013 s. 121, repealed by No. 27/2014 s. 147. S. 230AB inserted by No. 69/2007 s. 5, substituted by No. 56/2025 s. 30. 230AB Evidentiary provision—tokens (1) If a fact relating to a token is relevant in proceedings relating to a ticket offence, evidence of that fact as indicated or determined by a prescribed device that was used in the prescribed manner (if any) or by a printed document that was produced by a prescribed process is admissible in evidence in those proceedings. (2) For the purposes of this section, a fact relates to a token if it relates to— (a) the token itself, including its type and identifying numbers (if any); or (b) the holder of the token; or (c) the manner of acquisition of the token (if relevant); or (d) the existence, or possible existence, of a ticket; or (e) the use of the token. S. 230AC inserted by No. 69/2007 s. 5, substituted by No. 56/2025 s. 30. 230AC Certificate of authorised officer who operated hand held reader (1) A certificate purporting to be issued by an authorised officer who used a hand held reader to read, scan, transfer, display, copy or store information from a token produced to the authorised officer for inspection certifying as to the information read, scanned, transferred, displayed, copied or stored from the token in relation to all or any of the following matters— (a) the token number (if any); (b) the token type; (c) the name of the token holder (if applicable); (d) the use of the token; (e) the existence of a ticket— is admissible in evidence in any proceedings relating to a ticket offence. (2) Subject to section 230AF, if a certificate is issued under subsection (1) in respect of a token, it is presumed for the purposes of any proceedings relating to a ticket offence that the token had accurately displayed or recorded and discharged the information read, scanned, transferred, displayed, copied or stored from it by the hand held reader. S. 230AD inserted by No. 69/2007 s. 5, amended by Nos 61/2011 s. 29(2)(3) (as amended by No. 66/2012 s. 33(2)), 49/2019 s. 186(Sch. 4 item 45.55). 230AD Certificate in respect of prescribed devices and processes A certificate purporting to be issued by a person authorised by the Head, Transport for Victoria certifying that— (a) at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or (b) at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process— is admissible in evidence in any proceedings relating to a ticket offence. S. 230AE inserted by No. 69/2007 s. 5. 230AE Notice by informant S. 230AE(1) amended by No. 68/2009 s. 97(Sch. item 124.28). (1) If the informant in proceedings relating to a ticket offence serves on the accused, by the required time, a copy of a certificate referred to in section 230AC, the certificate is conclusive proof of— (a) the facts and matters stated in that certificate; and (b) the fact that the hand held reader used was a prescribed device; and (c) the fact that the hand held reader was used in the prescribed manner (if any); and (d) the fact that the hand held reader had operated correctly. S. 230AE(2) amended by No. 68/2009 s. 97(Sch. item 124.28). (2) If the informant in proceedings relating to a ticket offence serves on the accused, within the required time, a notice setting out the presumptions set out in section 230AC(2), the facts that are the subject of the presumptions are to be taken to have been conclusively proved. S. 230AE(3) amended by No. 68/2009 s. 97(Sch. item 124.28). (3) If the informant in proceedings relating to a ticket offence serves on the accused, within the required time, copy of a certificate referred to in section 230AD, the certificate is conclusive proof— (a) that the person giving the certificate was authorised to do so; and (b) in the case of a certificate under section 230AD(a) of— (i) the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and (ii) the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and (c) in the case of a certificate under section 230AD(b) of— (i) the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and (ii) the facts indicated or determined by the printed documents. (4) This section is subject to section 230AF. (5) In this section ***required time*** means no less than 56 days before the hearing for the relevant ticket offence. S. 230AF (Heading) amended by No. 68/2009 s. 97(Sch. item 124.29). S. 230AF inserted by No. 69/2007 s. 5. 230AF Notice by accused S. 230AF(1) amended by No. 68/2009 s. 97(Sch. item 124.30). (1) The accused in any proceedings relating to a ticket offence may give notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that— (a) he or she requires the person giving a certificate referred to in section 230AD to be called as a witness; or (b) he or she intends to adduce evidence in rebuttal of any fact or matter— (i) stated in a certificate referred to in section 230AC or 230AD; or (ii) referred to in section 230AE(1) or 230AE(3); or (c) he or she intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in section 230AC(2). S. 230AF(2) amended by No. 68/2009 s. 97(Sch. item 124.30). (2) A notice under subsection (1) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence that the accused intends to have adduced at the hearing. S. 230AF(3) amended by No. 68/2009 s. 97(Sch. item 124.30). (3) The accused may not, except with the leave of the court, introduce expert evidence at the hearing if the nature of that evidence was not indicated in a notice under subsection (1). S. 230AF(4) amended by No. 68/2009 s. 97(Sch. item 124.31). (4) Subject to subsection (7), if an accused gives a notice to the informant in accordance with subsection (1)(a), the certificate remains admissible as evidence of the facts or matters contained in the certificate or referred to in section 230AE(3) but ceases to be conclusive proof of those facts or matters. S. 230AF(5) amended by No. 68/2009 s. 97(Sch. item 124.31). (5) Despite any order under subsection (7), if an accused gives a notice to the informant under subsection (1)(b) in relation to a fact or matter contained in a certificate or referred to in section 230AE(1) or 230AE(3), the certificate— (a) remains admissible as evidence of that fact or matter but ceases to be conclusive proof of that fact or matter; and (b) remains admissible as conclusive proof of the facts or matters contained in the certificate or referred to in section 230AE(1) or 230AE(3) that are not specified in the notice. S. 230AF(6) amended by No. 68/2009 s. 97(Sch. item 124.31). (6) If an accused gives notice to the informant under subsection (1)(c) in relation to a fact set out in section 230AC(2), that fact ceases to be presumed and ceases to be taken to be conclusively proved but the certificate if admitted in evidence is deemed to be evidence of that fact. S. 230AF(7) amended by No. 68/2009 s. 97(Sch. item 124.31). (7) If an accused gives notice to the informant in accordance with subsection (1)(a) that he or she requires the person giving a certificate referred to in section 230AD to be called as a witness and the court is satisfied that that person— (a) is dead; or (b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or S. 230AF(7)(c) amended by Nos 61/2011 s. 29(2)(3) (as amended by No. 66/2012 s. 33(2)), 49/2019 s. 186(Sch. 4 item 45.56). (c) has ceased to be a person authorised by the Head, Transport for Victoria or is out of Victoria and it is not reasonably practicable to secure his or her attendance; or (d) cannot with reasonable diligence be found— the court must order that section 230AE has effect as if the notice had not been given. S. 230AG inserted by No. 69/2007 s. 5. 230AG Informant may adduce evidence in relation to ticket offence (1) Nothing in section 230AE prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in that section. (2) If an informant adduces evidence as provided in subsection (1), the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only. S. 230AH inserted by No. 69/2007 s. 5. 230AH Regulations (a) prescribing devices for the purposes of sections 230AB, 230AD and 230AE and the manner of using (including testing) those devices; and S. 230AH(1)(b) substituted by Nos 75/2010 s. 24(3), 56/2025 s. 31. (b) the processes for— (i) reading information from a token by a prescribed device; and (ii) loading information onto a prescribed device or a prescribed computer system; and (iii) copying or transferring information between prescribed devices or between a prescribed device and a prescribed computer system; and (iv) the storing of information by a prescribed device or prescribed computer system and producing a printed record of information stored by a prescribed device or prescribed computer system; and (c) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) The regulations— (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); and (d) may apply, adopt or incorporate any matter contained in any document whether— (ii) as in force at a particular time or as in force from time to time; and (e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person. Pt 7 Div. 6 (Heading) amended by Nos 68/2009 s. 97(Sch. item 124.32), 19/2010 s. 80. Pt 7 Div. 6 (Heading and ss 230B–230F) inserted by No. 9/2006 s. 127. Division 6—Sentences in relation to relevant transport laws S. 230AI inserted by No. 19/2010 s. 8, amended by Nos 34/2011 s. 100, 27/2014 s. 148, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30). S. 230B inserted by No. 9/2006 s. 127, amended by Nos 19/2010 s. 9, 27/2014 s. 149, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30). S. 230C inserted by No. 9/2006 s. 127, amended by Nos 19/2010 s. 10, 27/2014 s. 150, 35/2017 s. 49, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30). S. 230D inserted by No. 9/2006 s. 127, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30). S. 230DA inserted by No. 69/2007 s. 37, amended by Nos 19/2010 s. 11, 27/2014 s. 151, 35/2017 s. 50, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30). Ss 230DB, 230DC inserted by No. 69/2007 s. 37, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30).