sec.105ZOEvidence and procedure

### sec.105ZO Evidence and procedure For this division— it is not necessary to prove the appointment of an official of a local government or a local government tollway operator; and a signature purporting to be the signature of an official of a local government or a local government tollway operator 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 local government tollway or part of a local government tollway; a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway; 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 local government tollway at a stated time; a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place; a stated person was or was not a local government tollway operator; a notice under section 105ZH was given to the registered operator of a stated vehicle; a notice under section 105ZJ was given to the information holder; a notice under section 105ZK was given to the person identified as the driver; the toll payable for a designated vehicle’s use of a local government tollway has not been paid; an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid; a user administration charge for a toll has not been paid; information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; a statutory declaration under section 105ZJ (3) or 105ZL 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 division, including for the operation of a local government tollway under this division, is evidence of— the making of the recording; and the accuracy of the recording; and the matters stated in the recording. Evidence that a written notice given under section 105ZH (1) was in the approved form is not required unless there is evidence to the contrary. In this section— certificate means a certificate purporting to be signed by an official. official , of a local government or a local government tollway operator, means— the chief executive officer of the local government, or an officer or employee of the local government acting under the authority of the chief executive officer; or the chief executive officer, however named, of a local government tollway operator, or an employee of either the local government tollway operator or another person acting under the authority of the chief executive officer. s 105ZO ins 2005 No. 67 s 32 amd 2018 No. 3 s 42 ; 2019 No. 25 s 14 ; 2024 No. 2 s 27 (sec.105ZO-ssec.1) For this division— it is not necessary to prove the appointment of an official of a local government or a local government tollway operator; and a signature purporting to be the signature of an official of a local government or a local government tollway operator 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 local government tollway or part of a local government tollway; a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway; 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 local government tollway at a stated time; a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place; a stated person was or was not a local government tollway operator; a notice under section 105ZH was given to the registered operator of a stated vehicle; a notice under section 105ZJ was given to the information holder; a notice under section 105ZK was given to the person identified as the driver; the toll payable for a designated vehicle’s use of a local government tollway has not been paid; an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid; a user administration charge for a toll has not been paid; information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; a statutory declaration under section 105ZJ (3) or 105ZL 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.105ZO-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.105ZO-ssec.3) A recording by a photographic, mechanical, electronic or other device for the purpose of administering this division, including for the operation of a local government tollway under this division, is evidence of— the making of the recording; and the accuracy of the recording; and the matters stated in the recording. (sec.105ZO-ssec.4) Evidence that a written notice given under section 105ZH (1) was in the approved form is not required unless there is evidence to the contrary. (sec.105ZO-ssec.5) In this section— certificate means a certificate purporting to be signed by an official. official , of a local government or a local government tollway operator, means— the chief executive officer of the local government, or an officer or employee of the local government acting under the authority of the chief executive officer; or the chief executive officer, however named, of a local government tollway operator, or an employee of either the local government tollway 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 of a local government or a local government tollway operator; and - (b) a signature purporting to be the signature of an official of a local government or a local government tollway operator 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 local government tollway or part of a local government tollway; (ii) a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway; (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 local government tollway at a stated time; (vi) a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place; (vii) a stated person was or was not a local government tollway operator; (viii) a notice under section 105ZH was given to the registered operator of a stated vehicle; (ix) a notice under section 105ZJ was given to the information holder; (x) a notice under section 105ZK was given to the person identified as the driver; (xi) the toll payable for a designated vehicle’s use of a local government tollway has not been paid; (xii) an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid; (xiii) a user administration charge for a toll has not been paid; (xiv) information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; (xv) a statutory declaration under section 105ZJ (3) or 105ZL 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 local government tollway or part of a local government tollway; - (ii) a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway; - (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 local government tollway at a stated time; - (vi) a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place; - (vii) a stated person was or was not a local government tollway operator; - (viii) a notice under section 105ZH was given to the registered operator of a stated vehicle; - (ix) a notice under section 105ZJ was given to the information holder; - (x) a notice under section 105ZK was given to the person identified as the driver; - (xi) the toll payable for a designated vehicle’s use of a local government tollway has not been paid; - (xii) an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid; - (xiii) a user administration charge for a toll has not been paid; - (xiv) information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; - (xv) a statutory declaration under section 105ZJ (3) or 105ZL 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 local government tollway or part of a local government tollway; - (ii) a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway; - (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 local government tollway at a stated time; - (vi) a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place; - (vii) a stated person was or was not a local government tollway operator; - (viii) a notice under section 105ZH was given to the registered operator of a stated vehicle; - (ix) a notice under section 105ZJ was given to the information holder; - (x) a notice under section 105ZK was given to the person identified as the driver; - (xi) the toll payable for a designated vehicle’s use of a local government tollway has not been paid; - (xii) an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid; - (xiii) a user administration charge for a toll has not been paid; - (xiv) information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; - (xv) a statutory declaration under section 105ZJ (3) or 105ZL 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) the making of the recording; and - (b) the accuracy of the recording; and - (c) the matters stated in the recording. - (a) the chief executive officer of the local government, or an officer or employee of the local government acting under the authority of the chief executive officer; or - (b) the chief executive officer, however named, of a local government tollway operator, or an employee of either the local government tollway operator or another person acting under the authority of the chief executive officer.