PASSENGER TRANSPORT ACT 1990 - SECT 62
Records and evidentiary matters
PASSENGER TRANSPORT ACT 1990 - SECT 62
Records and evidentiary matters
62 Records and evidentiary matters
(1) TfNSW must keep records of the grant, refusal, variation, suspension and
cancellation of accreditations and authorities under this Act.
(1A) TfNSW
must keep records of the making, variation, suspension, cancellation and
renewal of service contracts.
(2) A certificate purporting to be signed by a
person approved by TfNSW for the purposes of this section (
"the approved person" ) and certifying that--
(a) on a date specified in the
certificate, or
(b) during any period so specified,
the particulars set forth
in the certificate as to any matter required to be recorded under this section
did or did not appear on or from the records is, for the purposes of any legal
proceedings, prima facie evidence of what it certifies.
(3) Such a
certificate is admissible in any proceedings--
(a) without proof of the
authenticity of the approved person's signature, and
(b) without production
of any record or document on which the certificate is founded.
(4) In any
legal proceedings under this Act, proof is not required (until evidence is
given to the contrary) of the following--
(a) the fact that a vehicle is
subject to a provision of this Act or the regulations in question,
(b) the
fact that the defendant is, or at any relevant time was, the driver of any
vehicle in question,
(c) the fact that the defendant is, or at any relevant
time was, the owner or agent of the owner of any vehicle in question,
(d) the
fact that, at any relevant time, any vehicle was used for commercial purposes.
