Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 123SA

123SA Evidence of particular matters relating to vehicles

(1) In a proceeding for an offence against a transport Act—

(a) evidence that a sticker, label, plate or marking was on or attached to a vehicle, or a component of a vehicle, purportedly in relation to an approval under a vehicle standards Act, is evidence of the matters stated on the sticker, label, plate or marking; and

(b) a certificate purporting to be signed by the chief executive stating that a document attached to the certificate is an extract from a register, database or administration system kept by the Commonwealth under, or for the administration of, a vehicle standards Act is evidence of the matters stated in the document; and

Examples of registers, databases and administration systems for paragraph (b)—

• the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth) (also known as the RAV)

• the online administration system known as the ‘Road Vehicle Regulator’ or ROVER

• the online administration system known as the ‘Road Vehicle Certification System’ or RVCS

(c) a document purporting to have been published or produced by a manufacturer in relation to the manufacturer’s specifications for a specified type of vehicle, or a component of a specified type of vehicle, is evidence of the specifications stated in the document for the type of vehicle or the component; and

(d) a document purporting to have been prepared by a manufacturer or importer of vehicles or components of vehicles, or a person acting on behalf of the manufacturer or importer, that purports to contain the results of testing of vehicles or components done for the purposes of an approval under a vehicle standards Act is evidence of the matters stated in the document; and

(e) evidence that a VIN or chassis number was on or attached to a vehicle is evidence that the vehicle had the VIN or chassis number; and

(f) evidence that a modification plate under a vehicle standards and safety regulation, or an equivalent plate under a corresponding law to a vehicle standards and safety regulation, was on or attached to a specified vehicle is evidence of the matters stated on the plate.

(2) If a defendant intends, at the hearing of a charge against the defendant under a transport Act, to challenge a matter mentioned in subsection (1) , the defendant must give written notice of the challenge to the prosecution at least 14 days before the day fixed for the hearing.

(3) The notice must—

(a) be in the approved form; and

(b) be signed by the defendant; and

(c) state the grounds on which the defendant intends to rely to challenge the matter.

(4) In this section—

"vehicle standards Act" means any of the following Acts—

(a) the Road Vehicle Standards Act 2018 (Cwlth) ;

(b) the repealed Motor Vehicle Standards Act 1989 (Cwlth) ;

(c) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) .