Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 56

Evidentiary certificates (MTA s 180MV)

(1)     This section applies to a proceeding for an infringement notice offence.

(2)     A certificate that appears to be signed by or on behalf of the administering authority, and states any matter relevant to anything done or not done under this Part in relation to the offence, is evidence of the matter.

(3)     Without limiting subsection (2), a certificate given under that subsection may state any of the following:

        (a)     a stated infringement notice or reminder notice was served by a stated authorised person in a stated way on a stated person on a stated date for a stated infringement notice offence;

        (b)     the administering authority did not allow additional time, or allowed stated additional time, for payment of the infringement notice penalty or to dispute liability for the offence;

        (c)     the infringement notice penalty was not paid within the time in which it was required to be paid under this Part;

        (d)     the infringement notice has not been withdrawn or was withdrawn on a stated date;

        (e)     the offence involved a stated vehicle or animal;

        (f)     a stated person was the responsible person (or a responsible person) for a vehicle, or the owner (or an owner) of an animal, on a stated date (and, if relevant, at a stated time on that date);

        (g)     a stated address was, on a stated date, the last home or business address of a stated person known to the administering authority;

        (h)     a stated address was, on a stated date, the latest home or business address of a stated person in the record kept under a law of another jurisdiction corresponding to the Road Transport (Vehicle Registration) Act 1999 ;

              (i)     a stated person has not given the administering authority an illegal user declaration, a known user declaration, a sold vehicle declaration or an unknown user declaration;

        (j)     a stated person gave the administering authority a stated statutory declaration mentioned in paragraph (i) on a stated date;

        (k)     a copy of a stated statutory declaration mentioned in paragraph (i) was served by a stated authorised person in a stated way on a stated person on a stated date;

        (l)     an infringement notice penalty has not been paid by, or a penalty has not been imposed on, a stated person or anyone for the offence.

(4)     A court must accept a certificate given under this section as proof of the matters stated in it if there is no evidence to the contrary.

(5)     This section is additional to, and does not limit, section 72 (Certificate evidence and other evidentiary provisions).



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