Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 124

124 Facilitation of proof

(1) In any proceeding under or for the purpose of this Act, the following apply—

(a) proof that a person applied for or obtained a licence for a vehicle shall be evidence that such person was the owner of such vehicle and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such ownership;

(b) a document purporting to be signed by the chief executive, the commissioner or a superintendent and stating that at any stated time there was or was not in force a licence under this Act as described therein issued to a stated person, or in respect of a stated vehicle, or for a stated purpose (or a document purporting to be signed by the officer ordinarily having the custody of the particulars of Queensland driver licences and stating that at any stated time there was or was not in force a Queensland driver licence under this Act issued to a stated person), or, in the case of either document as aforesaid, stating that any such licence was or was not issued subject to terms, conditions, or restrictions, or was or was not issued subject to the terms, conditions, and restrictions set out in that document shall, upon its production in evidence, be evidence of the matter or matters in that document, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;

(c) against the owner of a vehicle, tram, or animal for permitting or allowing such vehicle, tram, or animal to be used or driven by a person not authorised under this Act by an appropriate driver licence or otherwise to use or drive that vehicle, tram, or animal, proof that such person used or drove that vehicle, tram, or animal shall be evidence that the owner of such vehicle, tram, or animal permitted or allowed such use or driving, and in the absence of evidence in rebuttal thereof shall be conclusive evidence that the owner of such vehicle, tram, or animal permitted or allowed such use or driving;

(d) any certificate purporting to be signed by the chief executive, the commissioner, a superintendent, chief executive officer of a local government or a clerk of the court or other person having custody of records relating to payments of moneys payable under this Act of the receipt or non-receipt of any notice, application, or payment or of any other thing required by this Act to be given or made shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter or matters;

(e) any certificate purporting to be signed by the chief executive as to any inspection made by any inspector appointed under this Act of any vehicle, whether such inspection was carried out at the direction of any police officer or not, shall, upon its production (and provided that a copy thereof has been made available a reasonable time before the hearing of the proceedings to any party, if requested), be evidence of the matter or matters stated therein and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter or matters, and the appointment of the inspector who made such inspection shall be presumed until the contrary is proved;

(f) any certificate or document—

(i) purporting to be issued under regulations about motor vehicle or motorised mobility device registrations made under this Act or a law of another State or a Territory corresponding to the regulations (a
"corresponding law" ); or

(ii) purporting to be signed by the chief executive, an entity responsible for registering motor vehicles or motorised mobility devices under a corresponding law, or a person authorised by the chief executive or entity;

which states that on any day or during any period the motor vehicle or motorised mobility device stated in the certificate or document was registered in the name of the person stated therein shall be received in evidence, and shall be evidence that the person stated in the certificate or document was the owner of the motor vehicle or motorised mobility device stated therein on the day or during the period stated therein, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such ownership;

(g) any certificate or document referred to in paragraph (f) shall be presumed to have been duly issued or given until the contrary is proved;

(h) a certificate purporting to be signed by the chief executive, the commissioner or a superintendent stating that the records of the chief executive, commissioner or superintendent, as the case may be, show that any person was the licensee of any vehicle licensed under this Act at any time shall be received in evidence and shall be evidence that such person was such licensee at such time, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence that such person was such licensee at that time;

(i) the allegation or averment in any complaint that—

(i) any person is or is not or was or was not at any time or date mentioned in the complaint—

(A) the owner of any vehicle, tram, train, vessel, or animal; or

(B) the holder of a licence or any particular class or description of licence; or

(C) of, or under, or over a stated age; or

(D) the holder of a driver licence authorising the holder to drive a motor vehicle on the road therein specified; or

(ii) any thing is or was a vehicle, tram, train, vessel, or animal or of a particular class or description thereof; or

(iii) any place or thing is or was a road or a part of a road or an off-street regulated parking area or a part of such an area; or

(iv) any way is or was a tramway or railway; or

(v) any distance referred to therein is or was a stated distance or is or was greater or less than a stated distance; or

(vi) any indication or prescribed indication is or was given by an official traffic sign;

shall be evidence of the matter or matters so averred or alleged, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;

(j) the allegation or averment in any complaint that any sign, signal, light, marking, or other device—

(i) is or is not, or was or was not, an official traffic sign; or

(ii) is or is not, or was or was not, lawfully constructed, made, marked, placed, erected, affixed, or painted in, into, or on or near any stated road or off-street regulated parking area, or that such sign, signal, light, marking, or other device is or is not, or was or was not, for any purpose stated in the complaint; or

(iii) does or does not contain, or has or has not contained, any stated work, figure, warning, direction, indication, or symbol;

shall be evidence of the matter or matters so alleged or averred and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;

(k) any person who appears, acts, or behaves as the driver, rider, or person having the possession, custody, care, or management of any vehicle, tram, train, vessel, or animal, or who uses or drives, or attempts to use or drive the same shall be presumed to be the person in charge thereof whether the person is or is not the real person in charge, and it is immaterial that by reason of circumstances not known to such person it is impossible to drive or otherwise use the same;

(2) Subsection (1) (i) and (j) shall apply to any matter alleged or averred thereunder although—

(a) evidence in support of such matter or of any other matter is given; or

(b) any matter so alleged or averred is a mixed question of law and fact, but in that case the allegation or averment shall be evidence of the fact only.