sec.153BFacilitation of proof—general

### sec.153B Facilitation of proof—general In a proceeding for an offence against this Act— an allegation or averment in a complaint stating any of the following matters is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter— at a particular time, a stated thing was or was not a vehicle or motor vehicle; at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and a certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle; at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice; at a particular time, a stated place was or was not a cross-border taxi rank; at a particular time, a person did, or did not, hold operator accreditation; at a particular time, a person did, or did not, hold driver authorisation; at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service; at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service; at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle; at a particular time, a stated authorised person was trained and authorised to use a revenue protection device; at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan; at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle; at a particular time, a stated vehicle was a relevant public passenger vehicle; at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and evidence that a number plate showing a particular registration number was attached to a motor vehicle, at a particular time, is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles, at that time, as having that registration number; and a document, or a copy of a document, purporting to be an invoice, receipt or other record of an amount that is or was payable, or has been paid, for a service for the carriage of passengers, is evidence of a matter stated in the document or copy; and a certificate purporting to be signed by the chief executive stating that, at a particular time, a stated motor vehicle had a particular characteristic or other attribute is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter; and a document purporting to be a record of a matter stated on a compliance plate, or in the RAV, is evidence of the matter and, in the absence of evidence to the contrary, is proof of the matter. In a proceeding for an offence against relevant transport legislation relating to the provision of a public passenger service, the defendant bears the evidential burden of proving the service is a public passenger service excluded from this Act by regulation under the definition public passenger service . In this section— approved vehicle means an approved vehicle under— a regulation made under section 143AB ; or a regulation made under section 155 about matters relating to fares charged for the use of particular public passenger vehicles. compliance plate means a plate— authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under— the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or fitted to a motor vehicle under a standard determined under the Road Vehicle Standards Act 2018 (Cwlth) , section 12 . RAV means the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth) . register of vehicles means a register of vehicles kept by the chief executive under a transport Act as defined under the Transport Operations (Road Use Management) Act 1995 , schedule 4 . relevant public passenger vehicle means a public passenger vehicle being used to provide a public passenger service under an agreement that— is entered into by, or for, the State, the department or the chief executive; and requires the operator of the service to charge fares set or decided by the chief executive. relevant transport legislation see section 69 . revenue protection device means an instrument— that can be used to electronically read or scan a ticket or other item for the purpose of determining whether a person is contravening, or has just contravened, a fare evasion provision; and that is prescribed by regulation. s 153B ins 2016 No. 13 s 3D amd 2017 No. 18 s 24 ; 2019 No. 24 ss 114 , 131 (2) ; 2019 No. 24 s 131 (1) , (3) ; 2020 No. 21 s 46 ; 2020 No. 21 s 44 (sec.153B-ssec.1) In a proceeding for an offence against this Act— an allegation or averment in a complaint stating any of the following matters is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter— at a particular time, a stated thing was or was not a vehicle or motor vehicle; at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and a certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle; at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice; at a particular time, a stated place was or was not a cross-border taxi rank; at a particular time, a person did, or did not, hold operator accreditation; at a particular time, a person did, or did not, hold driver authorisation; at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service; at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service; at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle; at a particular time, a stated authorised person was trained and authorised to use a revenue protection device; at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan; at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle; at a particular time, a stated vehicle was a relevant public passenger vehicle; at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and evidence that a number plate showing a particular registration number was attached to a motor vehicle, at a particular time, is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles, at that time, as having that registration number; and a document, or a copy of a document, purporting to be an invoice, receipt or other record of an amount that is or was payable, or has been paid, for a service for the carriage of passengers, is evidence of a matter stated in the document or copy; and a certificate purporting to be signed by the chief executive stating that, at a particular time, a stated motor vehicle had a particular characteristic or other attribute is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter; and a document purporting to be a record of a matter stated on a compliance plate, or in the RAV, is evidence of the matter and, in the absence of evidence to the contrary, is proof of the matter. (sec.153B-ssec.2) In a proceeding for an offence against relevant transport legislation relating to the provision of a public passenger service, the defendant bears the evidential burden of proving the service is a public passenger service excluded from this Act by regulation under the definition public passenger service . (sec.153B-ssec.3) In this section— approved vehicle means an approved vehicle under— a regulation made under section 143AB ; or a regulation made under section 155 about matters relating to fares charged for the use of particular public passenger vehicles. compliance plate means a plate— authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under— the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or fitted to a motor vehicle under a standard determined under the Road Vehicle Standards Act 2018 (Cwlth) , section 12 . RAV means the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth) . register of vehicles means a register of vehicles kept by the chief executive under a transport Act as defined under the Transport Operations (Road Use Management) Act 1995 , schedule 4 . relevant public passenger vehicle means a public passenger vehicle being used to provide a public passenger service under an agreement that— is entered into by, or for, the State, the department or the chief executive; and requires the operator of the service to charge fares set or decided by the chief executive. relevant transport legislation see section 69 . revenue protection device means an instrument— that can be used to electronically read or scan a ticket or other item for the purpose of determining whether a person is contravening, or has just contravened, a fare evasion provision; and that is prescribed by regulation. - (a) an allegation or averment in a complaint stating any of the following matters is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter— (i) at a particular time, a stated thing was or was not a vehicle or motor vehicle; (ii) at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and - (i) at a particular time, a stated thing was or was not a vehicle or motor vehicle; - (ii) at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and - (b) a certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— (i) at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle; (ii) at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice; (iii) at a particular time, a stated place was or was not a cross-border taxi rank; (iv) at a particular time, a person did, or did not, hold operator accreditation; (v) at a particular time, a person did, or did not, hold driver authorisation; (vi) at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service; (vii) at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service; (viii) at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle; (ix) at a particular time, a stated authorised person was trained and authorised to use a revenue protection device; (x) at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan; (xi) at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle; (xii) at a particular time, a stated vehicle was a relevant public passenger vehicle; (xiii) at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and - (i) at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle; - (ii) at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice; - (iii) at a particular time, a stated place was or was not a cross-border taxi rank; - (iv) at a particular time, a person did, or did not, hold operator accreditation; - (v) at a particular time, a person did, or did not, hold driver authorisation; - (vi) at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service; - (vii) at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service; - (viii) at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle; - (ix) at a particular time, a stated authorised person was trained and authorised to use a revenue protection device; - (x) at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan; - (xi) at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle; - (xii) at a particular time, a stated vehicle was a relevant public passenger vehicle; - (xiii) at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and - (c) evidence that a number plate showing a particular registration number was attached to a motor vehicle, at a particular time, is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles, at that time, as having that registration number; and - (d) a document, or a copy of a document, purporting to be an invoice, receipt or other record of an amount that is or was payable, or has been paid, for a service for the carriage of passengers, is evidence of a matter stated in the document or copy; and - (e) a certificate purporting to be signed by the chief executive stating that, at a particular time, a stated motor vehicle had a particular characteristic or other attribute is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter; and - (f) a document purporting to be a record of a matter stated on a compliance plate, or in the RAV, is evidence of the matter and, in the absence of evidence to the contrary, is proof of the matter. - (i) at a particular time, a stated thing was or was not a vehicle or motor vehicle; - (ii) at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and - (i) at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle; - (ii) at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice; - (iii) at a particular time, a stated place was or was not a cross-border taxi rank; - (iv) at a particular time, a person did, or did not, hold operator accreditation; - (v) at a particular time, a person did, or did not, hold driver authorisation; - (vi) at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service; - (vii) at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service; - (viii) at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle; - (ix) at a particular time, a stated authorised person was trained and authorised to use a revenue protection device; - (x) at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan; - (xi) at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle; - (xii) at a particular time, a stated vehicle was a relevant public passenger vehicle; - (xiii) at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and - (a) a regulation made under section 143AB ; or - (b) a regulation made under section 155 about matters relating to fares charged for the use of particular public passenger vehicles. - (a) authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under— (i) the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or (ii) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or - (i) the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or - (ii) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or - (b) fitted to a motor vehicle under a standard determined under the Road Vehicle Standards Act 2018 (Cwlth) , section 12 . - (i) the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or - (ii) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or - (a) is entered into by, or for, the State, the department or the chief executive; and - (b) requires the operator of the service to charge fares set or decided by the chief executive. - (a) that can be used to electronically read or scan a ticket or other item for the purpose of determining whether a person is contravening, or has just contravened, a fare evasion provision; and - (b) that is prescribed by regulation.