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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 153B
Facilitation of proof—general
153B Facilitation of proof—general
(1) In a proceeding for an offence against this Act— (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
(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amended or repealed by another gazette notice;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
(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.
(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" .
(3) In this section—
"approved vehicle" means an approved vehicle under— (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.
"compliance plate" means a plate— (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
(b) 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 service" ...
"relevant public passenger vehicle" means a public passenger vehicle being
used to provide a public passenger service under an agreement that— (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.
"relevant transport legislation" see section 69 .
"revenue protection device" means an instrument— (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.
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