107Evidentiary certificates—this Act or transport safety laws

107 Evidentiary certificates—this Act or transport safety laws

S. 107(1) amended by Nos 41/2019 s. 75(2)(a), 34/2023 s. 127(Sch. 1 item 18.34), 25/2025 s. 77(1).

(1) In any proceeding for an offence against this Act (other than Part 2A) or a transport safety law, a certificate signed, or purporting to be signed, by Safe Transport Victoria or a transport safety officer stating any of the following matters is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated—

S. 107(1)(a) amended by Nos 41/2019 s. 75(2)(b), 25/2025 s. 77(1).

(a) a stated document is one of the following things made, given, served or issued under a transport safety law or regulations made under a transport safety law, or this Act (other than Part 2A)—

(i) an appointment or a decision;

(ii) a notice, notification, direction or requirement;

S. 107(1)(a)(iii) amended by Nos 41/2019 s. 75(2)(c), 30/2021 s. 100(1).

(iii) an accreditation or an exemption;

(b) a stated document is one of the following things served—

(i) an improvement notice or an amendment to an improvement notice already served;

(ii) a prohibition notice or an amendment to a prohibition notice already served;

(iii) a clearance certificate served under section 56;

(iv) a certificate served under section 66;

(v) a non-disturbance notice or a subsequent non-disturbance notice;

(c) a stated document is a copy of a thing referred to in paragraph (a) or (b);

(d) on a stated day, or during a stated period, a stated person—

S. 107(1)(d)(i) amended by Nos 41/2019 s. 75(2)(d), 30/2021 s. 100(2).

(i) was or was not an accredited bus operator; or

(ii) held or did not hold an exemption;

S. 107(1)(e) amended by Nos 41/2019 s. 75(2)(e), 30/2021 s. 100(3).

(e) on a stated day, or during a stated period, an accreditation or an exemption—

(i) was or was not in force or effect; or

(ii) was or was not subject to a stated term, condition, limitation or restriction;

S. 107(1)(f) amended by No. 41/2019 s. 75(2)(e).

(f) on a stated day, or during a stated period, an accreditation or an exemption was suspended;

(g) on a stated day an accreditation was cancelled, varied or surrendered;

S. 107(1)(h) repealed by No. 41/2019 s. 75(2)(f).

(i) on a stated day an exemption was varied or revoked or surrendered;

(j) on a stated day a condition or restriction on an accreditation or exemption was varied or revoked;

(k) on a stated day or during a stated period, an appointment as a transport safety officer was, or was not, in force for a stated person;

S. 107(1)(l) amended by Nos 41/2019 s. 75(2)(g), 25/2025 s. 77(1).

(l) on a stated day a stated person was given a stated notice, notification or direction under this Act (other than Part 2A) or a transport safety law;

(m) on a stated day a person was served—

(i) an improvement notice, prohibition notice or non-disturbance notice; or

(ii) an amendment to an improvement notice or prohibition notice already served;

(n) on a stated day—

(i) an improvement notice was cancelled; or

(ii) a prohibition notice was withdrawn;

(o) on a stated day a clearance certificate under section 56 was served;

(p) on a stated day a certificate under section 66 was served;

(q) on a stated day a stated requirement was made of a stated person;

S. 107(1)(r) substituted by No. 41/2019 s. 75(2)(h).

(r) that a stated amount is payable under the Bus Safety Act 2009 or the Marine Safety Act 2010 by a stated person and has not been paid.

S. 107(1A) inserted by No. 25/2025 s. 77(2).

(1A) In a proceeding for an offence against Part 2A, a certificate signed, or purporting to be signed, by the Chief Investigator stating any of the following matters is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated—

(a) a stated document is one of the following things made, given, served or issued under this Act—

(i) a notice or notification under section 49B, 49C, 49S, 49ZA, 49ZE, 49ZI or 101B;

(ii) a direction under section 49E, 49F, 49M, 49R, 49ZB, 49ZN or 49ZO;

(iii) a requirement under section 49ZM;

(iv) a warning under section 49U;

(b) a stated document is a copy of a thing referred to in paragraph (a).

S. 107(2) substituted by No. 41/2019 s. 75(3).

accreditation means an accreditation within the meaning of the Bus Safety Act 2009;

S. 107(2) def. of bus registration repealed by No. 30/2021 s. 100(4)(a).

S. 107(2) def. of exemption amended by No. 30/2021 s. 100(4)(b).

exemption means an exemption under Division 7 of Part 4 of the Bus Safety Act 2009.

Division 4—Court based sanctions