TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AD
Copy of certificate to be given to defendant
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AD
Copy of certificate to be given to defendant
164AD Copy of certificate to be given to defendant
(1) If the responsible entity proposes to use a certificate mentioned in
section 164AC(2) in proceedings, the responsible entity must give a copy of
the certificate to the defendant at least 28 business days before the day
fixed for the hearing of the matter.
(2) The certificate can not be used in
the proceedings unless a copy of the certificate has been given to the
defendant under subsection (1) .
(3) If the defendant intends to challenge a
statement in the certificate, the defendant must give the responsible entity
notice in writing of the intention to challenge (the
"notice of intention to challenge" ), stating the matters in the certificate
that are intended to be challenged.
(4) The defendant must give the
notice of intention to challenge to the responsible entity at least 14
business days before the day fixed for the hearing.
(5) If the defendant
intends to challenge the accuracy of any measurement, analysis or reading in
the certificate, the notice of intention to challenge must state—
(a) the
reason why the defendant alleges the measurement, analysis or reading is
inaccurate; and
(b) the measurement, analysis or reading the defendant
considers to be correct.
(6) The defendant can not challenge any matter in
the certificate if the defendant has not complied with subsections (3) to (5)
, unless the court gives leave to do so in the interests of justice.
