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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(ii) at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice;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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