Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 47

Proof of prior convictions

47. Proof of prior convictions



(1) If a person is served with a summons for an infringement and it is alleged
that the person has been previously convicted of any infringement or
infringements there may be served with the summons a separate document in the
prescribed form signed by the informant setting out particulars of the alleged
prior convictions.

(2) The document setting out the alleged prior convictions-

   (a)  must be endorsed with a notice in the prescribed form; and

   (b)  may be served in any manner in which the summons for the infringement
        may be served.

(3) If the court by which any person has been convicted is satisfied that a
copy of any such document was served on that person at least 14 days before
the hearing of the charge, the document is admissible in evidence and, in the
absence of evidence to the contrary, is proof-

   (a)  that the person was convicted of the offences alleged in the document;
        and

   (b)  of the particulars relating to the convictions set out in the
        document.

(4) Any such document may not be tendered in evidence without the consent of
the defendant if the defendant is present at the hearing of the charge.



(5) If any evidence of prior convictions is tendered under this section, the
court may set aside, on any terms as to costs or otherwise that the court
decides, any conviction or order if it has reasonable grounds to believe that
the document tendered in evidence was not in fact brought to the notice of the
defendant or that the defendant was not in fact convicted of the offences as
alleged in the document.

(6) Subsection (5) does not limit the generality of Division 5 of Part 4 of
the Magistrates' Court Act 1989.

Division 3-Enforcement