Commonwealth Consolidated Acts

ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 40

             (1)  In a prosecution for an offence, if an authorised officer gives evidence that he or she believes any of the matters referred to in subsection (2), the Court must, if:

                     (a)  it considers the belief to be reasonable; and

                     (b)  there is no evidence to the contrary;

accept the matter as proved.

             (2)  The matters are:

                     (a)  that dangerous goods described in shipping documents carried in a vehicle are being carried in the vehicle; or

                     (b)  that particular goods are dangerous goods or dangerous goods of a particular type; or

                     (c)  if markings or placards on or attached to a substance or container indicate that the substance is or the container contains particular dangerous goods--that the substance is or the container contains those dangerous goods; or

                     (d)  if markings or placards on or attached to a vehicle or equipment indicate that the vehicle or equipment is being used to transport dangerous goods--that the vehicle or equipment is being used to transport those dangerous goods; or

                     (e)  if markings or placards on, or attached to, a substance or container indicate, in relation to the substance, the container or the contents of the container, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture--that the substance, the container or the contents of the container has that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or

                      (f)  if markings or placards on, or attached to, a vehicle or container indicate, in relation to the load of the vehicle or the contents of the container, a particular quantity of dangerous goods--that the vehicle or container contained that quantity of dangerous goods; or

                     (g)  that a person was not, at a particular time, accredited or the holder of a licence relating to dangerous goods.

             (3)  A court may admit into evidence:

                     (a)  a copy of a document made under subsection 18(9) and certified by the authorised officer as being a true copy; or

                     (b)  a photographic, mechanical or electronic recording made under subsection 18(12) and certified by the authorised officer as being a true recording.

             (4)  A court may admit the following documents as evidence if they appear to be signed by a Competent Authority or by a person exercising powers delegated by a Competent Authority for the relevant purpose:

                     (a)  documents relating to whether a person is exempt from certain requirements under section 32; or

                     (b)  documents relating to vehicles, equipment or other items required by the regulations to be approved by a Competent Authority; or

                     (c)  documents relating to accreditation or licensing by a Competent Authority.

             (5)  The court must accept the documents as proof of the facts stated in them if there is no evidence to the contrary.

             (6)  All courts must take judicial notice of the signature of a Competent Authority on a document authorised or required to be signed for the purposes of this Act.