sec.105Evidence and procedure

### sec.105 Evidence and procedure For this part— it is not necessary to prove the appointment of an official; and a signature purporting to be the signature of an official is evidence of the signature it purports to be; and a certificate stating any of the following matters is evidence of the matter— a stated place was or was not a toll road or part of a toll road; a stated place was or was not a toll plaza or part of a toll plaza; a stated person was or was not recorded as the registered operator of a stated vehicle; a stated vehicle was or was not a designated vehicle of a stated type; a stated vehicle passed through a toll plaza for a toll road at a stated time; a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place; a stated person was or was not a toll road operator; a notice under section 99 was given to the registered operator of a stated vehicle; a notice under section 100 was given to the information holder; a notice under section 101 was given to the person identified as the driver; the toll payable for a vehicle’s use of a toll road has not been paid; an administration charge payable under a notice given under section 99 or 101 has not been paid; a user administration charge for a toll has not been paid; information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; a statutory declaration under section 100 (3) or 102 was or was not received; a recording is a recording of a type mentioned in subsection (3) made at a stated time and place . A certificate— may relate to a stated time or period of time; and if it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period. A recording by a photographic, mechanical, electronic or other device for the purpose of administering this part, including for the operation of a toll road under this part, is evidence— that the recording was made; and of the accuracy of the recording; and of the matters stated in the recording. Evidence that a written notice given under section 99 (1) was in the approved form is not required unless there is evidence to the contrary. For this section— certificate means a certificate purporting to be signed by an official. official means— the chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or the chief executive officer, however named, of a toll road operator, or a suitably qualified employee of either the toll road operator or another person acting under the authority of the chief executive officer. s 105 prev s 105 ins 1995 No. 32 s 11 om 2000 No. 6 s 23 pres s 105 ins 2001 No. 36 s 5 amd 2018 No. 3 s 34 ; 2019 No. 25 s 13 ; 2024 No. 2 s 23 (sec.105-ssec.1) For this part— it is not necessary to prove the appointment of an official; and a signature purporting to be the signature of an official is evidence of the signature it purports to be; and a certificate stating any of the following matters is evidence of the matter— a stated place was or was not a toll road or part of a toll road; a stated place was or was not a toll plaza or part of a toll plaza; a stated person was or was not recorded as the registered operator of a stated vehicle; a stated vehicle was or was not a designated vehicle of a stated type; a stated vehicle passed through a toll plaza for a toll road at a stated time; a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place; a stated person was or was not a toll road operator; a notice under section 99 was given to the registered operator of a stated vehicle; a notice under section 100 was given to the information holder; a notice under section 101 was given to the person identified as the driver; the toll payable for a vehicle’s use of a toll road has not been paid; an administration charge payable under a notice given under section 99 or 101 has not been paid; a user administration charge for a toll has not been paid; information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; a statutory declaration under section 100 (3) or 102 was or was not received; a recording is a recording of a type mentioned in subsection (3) made at a stated time and place . (sec.105-ssec.2) A certificate— may relate to a stated time or period of time; and if it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period. (sec.105-ssec.3) A recording by a photographic, mechanical, electronic or other device for the purpose of administering this part, including for the operation of a toll road under this part, is evidence— that the recording was made; and of the accuracy of the recording; and of the matters stated in the recording. (sec.105-ssec.4) Evidence that a written notice given under section 99 (1) was in the approved form is not required unless there is evidence to the contrary. (sec.105-ssec.5) For this section— certificate means a certificate purporting to be signed by an official. official means— the chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or the chief executive officer, however named, of a toll road operator, or a suitably qualified employee of either the toll road operator or another person acting under the authority of the chief executive officer. - (a) it is not necessary to prove the appointment of an official; and - (b) a signature purporting to be the signature of an official is evidence of the signature it purports to be; and - (c) a certificate stating any of the following matters is evidence of the matter— (i) a stated place was or was not a toll road or part of a toll road; (ii) a stated place was or was not a toll plaza or part of a toll plaza; (iii) a stated person was or was not recorded as the registered operator of a stated vehicle; (iv) a stated vehicle was or was not a designated vehicle of a stated type; (v) a stated vehicle passed through a toll plaza for a toll road at a stated time; (vi) a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place; (vii) a stated person was or was not a toll road operator; (viii) a notice under section 99 was given to the registered operator of a stated vehicle; (ix) a notice under section 100 was given to the information holder; (x) a notice under section 101 was given to the person identified as the driver; (xi) the toll payable for a vehicle’s use of a toll road has not been paid; (xii) an administration charge payable under a notice given under section 99 or 101 has not been paid; (xiii) a user administration charge for a toll has not been paid; (xiv) information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; (xv) a statutory declaration under section 100 (3) or 102 was or was not received; (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place . - (i) a stated place was or was not a toll road or part of a toll road; - (ii) a stated place was or was not a toll plaza or part of a toll plaza; - (iii) a stated person was or was not recorded as the registered operator of a stated vehicle; - (iv) a stated vehicle was or was not a designated vehicle of a stated type; - (v) a stated vehicle passed through a toll plaza for a toll road at a stated time; - (vi) a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place; - (vii) a stated person was or was not a toll road operator; - (viii) a notice under section 99 was given to the registered operator of a stated vehicle; - (ix) a notice under section 100 was given to the information holder; - (x) a notice under section 101 was given to the person identified as the driver; - (xi) the toll payable for a vehicle’s use of a toll road has not been paid; - (xii) an administration charge payable under a notice given under section 99 or 101 has not been paid; - (xiii) a user administration charge for a toll has not been paid; - (xiv) information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; - (xv) a statutory declaration under section 100 (3) or 102 was or was not received; - (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place . - (i) a stated place was or was not a toll road or part of a toll road; - (ii) a stated place was or was not a toll plaza or part of a toll plaza; - (iii) a stated person was or was not recorded as the registered operator of a stated vehicle; - (iv) a stated vehicle was or was not a designated vehicle of a stated type; - (v) a stated vehicle passed through a toll plaza for a toll road at a stated time; - (vi) a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place; - (vii) a stated person was or was not a toll road operator; - (viii) a notice under section 99 was given to the registered operator of a stated vehicle; - (ix) a notice under section 100 was given to the information holder; - (x) a notice under section 101 was given to the person identified as the driver; - (xi) the toll payable for a vehicle’s use of a toll road has not been paid; - (xii) an administration charge payable under a notice given under section 99 or 101 has not been paid; - (xiii) a user administration charge for a toll has not been paid; - (xiv) information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; - (xv) a statutory declaration under section 100 (3) or 102 was or was not received; - (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place . - (a) may relate to a stated time or period of time; and - (b) if it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period. - (a) that the recording was made; and - (b) of the accuracy of the recording; and - (c) of the matters stated in the recording. - (a) the chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or - (b) the chief executive officer, however named, of a toll road operator, or a suitably qualified employee of either the toll road operator or another person acting under the authority of the chief executive officer.