New South Wales Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 46

46 Certificate evidence and other evidentiary provisions

(cf Traffic Act, s 12)

(1) A document that appears to be signed on behalf of the Authority certifying any of the following matters is admissible as evidence:

(a) a matter that appears in or can be calculated from the register of written off and wrecked motor vehicles kept by the Authority under Division 3 of Part 4,

(b) a matter that appears in or can be calculated from the demerit points register or any driver licence register kept by the Authority under the Road Transport (Driver Licensing) Act 1998 ,

(c) a matter that appears in or can be calculated from (or does not appear or cannot be calculated from) the Register of Registrable Vehicles kept by the Authority under the Road Transport (Vehicle Registration) Act 1997 ,

(d) a matter that appears in or can be calculated from another record kept by the Authority under the road transport legislation,

(e) a matter that appears in a towing authorisation within the meaning of the Tow Truck Industry Act 1998 ,

(f) a matter that appears in any record, kept by or on behalf of the Tow Truck Authority, relating to the operation of a job allocation scheme established under Part 4 of the Tow Truck Industry Act 1998 .

(2) Any such document may:

(a) certify particulars by reference to a specified date or period, and

(b) certify particulars that appear in or can be calculated from (or do not appear in or cannot be calculated from) records maintained under section 12 of the Traffic Act 1909 at any time before it was repealed by the Road Transport Legislation Amendment Act 1999 .

(3) A court may admit as evidence a document that is issued under the law of another jurisdiction that relates to:

(a) whether a person has or does not have an Australian driver licence or other authority to drive a motor vehicle, the extent of the authority conferred by a licence or other authority and any conditions of that licence or other authority, or

(b) whether a person is or was disqualified from holding an Australian driver licence or other authority to drive a motor vehicle and the circumstances of any such disqualification, or

(c) any offence found to have been committed by a person in relation to the driving or use of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence, or

(d) demerit points incurred by a person.

(4) A court may admit as evidence a document that is issued under a law of another jurisdiction that corresponds with this section and that relates to:

(a) the registration or non-registration of a registrable vehicle, or

(b) a person recorded on the Register of Registrable Vehicles kept by the Authority under the Road Transport (Vehicle Registration) Act 1997 as a registered operator of a registrable vehicle, or

(c) the GCM, GVM, load capacity or identification of a motor vehicle, or

(d) any other matter relating to the use of registrable vehicles on roads or road related areas.

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

(6) A court may admit into evidence other documents prescribed by the regulations in the circumstances set out in the regulations.

(7) In any proceedings in any court, proof that a registrable vehicle does not have a number-plate on it issued under the Road Transport (Vehicle Registration) Act 1997 Act is evidence that the vehicle is not registered if there is no evidence to the contrary.

(7A) A document that appears to be signed on behalf of the Commissioner of Police certifying that a penalty notice was posted to a person on a specified date is admissible in any proceedings and is evidence of the matters stated in it unless there is evidence to the contrary.

(8) In this section:
"GCM (gross combination mass)" has the same meaning as it has in the Road Transport (Vehicle Registration) Act 1997 .
"GVM (gross vehicle mass)" has the same meaning as it has in the Road Transport (Vehicle Registration) Act 1997 .