Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 157

157 Evidentiary provisions

(1) This section applies to a proceeding under this or another Act.

(2) A certificate purporting to be signed by or for an administering authority and stating any of the following matters is evidence of the matter—

(a) a stated infringement notice was served in a stated way on a stated person at a stated address on a stated day for a stated infringement notice offence;

(b) an alleged offender did not pay a fine as required under an infringement notice;

(c) an alleged offender elected to have a matter of an offence decided in a Magistrates Court;

(d) an alleged offender applied to the administering authority to pay the fine under an infringement notice by instalments;

(e) an infringement notice has not been withdrawn or was withdrawn on a stated date;

(f) an offence stated in an infringement notice involved a stated vehicle or animal;

(g) a stated person owned a stated vehicle or animal at a stated time;

(h) a stated person owned a stated animal at a stated time;

(i) a stated address is the address of the owner of a stated vehicle in the record of registration of vehicles under a registration Act;

(j) a stated person has or has not given the administering authority an illegal user declaration, known or unknown user declaration or sold vehicle declaration for an offence stated in an infringement notice;

(k) a fine has not been paid by, and a penalty has not been imposed on, a stated or any person for an offence stated in an infringement notice.

(3) A certificate purporting to be signed by the registrar and stating any of the following matters is evidence of the matter—

(a) stated information or particulars were registered under the Act on a stated day;

(b) a stated amount was paid to SPER on a stated day to satisfy all or a stated part of a stated amount owing under a stated notice, order or warrant;

(c) a stated person applied to SPER to pay an amount under a payment plan;

(d) a stated enforcement action is being taken, or has been taken, against a stated person, including the date the action was taken, ceased or withdrawn;

(e) the amount of a stated person’s SPER debt, including information about the unpaid amount of the debt and the history of the debt;

(f) a stated payment plan was accepted by a stated person on a stated day, or cancelled on a stated date;

(g) a stated work and development order was made, varied, withdrawn or revoked on a stated day;

(h) a notice of intention to suspend the driver licence of a stated person was served on the person in a stated way on a stated day;

(i) an administering authority withdrew an infringement notice on a stated day;

(j) a stated enforcement order was cancelled on a stated day;

(k) a stated document was issued on a stated day.

(4) The registrar must give an administering authority a certificate under subsection (3) about a matter mentioned in subsection (3) (j) if requested by the authority for the purpose of starting a proceeding against a person for an infringement notice offence.

(5) Subsections (6) and (7) apply if there is a delegation by an administering authority or the registrar of a power to give a certificate under subsection (2) or (3) .

(6) Proof of the delegation is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

(7) The notice must be in the approved form.

(8) In this section—

"enforcement action" means any of the following actions taken by the registrar—

(a) serving an enforcement order;

(b) issuing an enforcement warrant;

(c) issuing a fine collection notice;

(d) serving a notice of intention to suspend a driver licence;

(e) serving a notice of intention to issue an immobilisation warrant;

(f) issuing an immobilisation warrant;

(g) registering an interest in land or other property under section 110 ;

(h) issuing an arrest and imprisonment warrant.