Australian Capital Territory Numbered Acts

MOTOR VEHICLES (DIMENSIONS AND MASS) ACT 1990 (NO. 13 OF 1990) - SECT 52

52. In any proceedings in a court in which evidence is given of the determination of mass or load with an approved portable weighing device—

        (a)     a certificate purporting to be signed by a duly qualified mechanical engineer approved by the Minister for the purposes of subsection 50 (3) and stating that on a day specified in the certificate—

              (i)     he or she tested an approved portable weighing device bearing the identification number or symbols stated in the certificate and found the device to be accurate; and

              (ii)     he or she duly sealed the approved portable weighing device in the manner referred to in paragraph 50 (3) (b);

is evidence of the accuracy of the device and the matters stated in the certificate; and

        (b)     a certificate purporting to be signed by an inspector and stating that—

              (i)     at a specified time on a specified day and at a specified place he or she used an approved portable weighing device bearing the identification numbers or symbols specified in the certificate, and the seal referred to in paragraph (a);

              (ii)     the seal of the device was intact at that time;

              (iii)     the device was used at that time in accordance with section 51 to determine a mass or load referred to in paragraph 50 (1) (a), (b), (c), (d) or (e) in respect of a vehicle or vehicles the registration number or numbers of which are specified in the certificate; and

              (iv)     the mass or load so determined was the mass or load specified in the certificate;

is evidence of the matters stated in the certificate and the facts on which they are based.