Queensland Consolidated Acts

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

123C Certificate is evidence of matter in certificate

(1) A certificate stating a matter mentioned in schedule 1 , column 1, purporting to be signed by a person mentioned in column 2 of that schedule opposite the matter, is evidence of the matter stated in the certificate.

(2) A certificate mentioned in subsection (1) —

(a) may relate to a specified time or period; and

(b) if it is issued for a particular period—has the effect mentioned in subsection (1) for the entire period.

(3) A regulation may provide for evidence of other matters to be provided by a certificate purporting to be signed by the chief executive, the commissioner or the chief executive administering a corresponding law to a transport Act.

(4) A document, or a copy of a document, purporting to be made or given by a person under a transport Act containing personal particulars given by the person is evidence of the particulars.

(5) Anything recorded by a photographic, mechanical, electronic or other device under a transport Act is evidence—

(a) that the recording was made; and

(b) of the accuracy of the recording; and

(c) of the matters stated in the recording; and

(d) of matters prescribed under a regulation.

(6) Without limiting subsection (5) , a record of the mass of a heavy vehicle, or of any component of the vehicle, made by the operator of a weighbridge at which the vehicle or component was weighed, or by an employee of the operator of the weighbridge, is evidence of the mass at the time the vehicle or component was weighed.

(7) Evidence by an authorised officer of the contents of a document issued, required to be kept, under a transport Act or a corresponding law, that was examined by the officer while in someone else’s possession, may be given by the officer without the document being produced.

Example for subsection (7)—

An authorised officer who examines a driver’s Australian driver licence or logbook may return the licence or logbook to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the licence or logbook without producing it.