Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 84

General evidentiary provisions

84. General evidentiary provisions





(1) A certificate containing the prescribed particulars purporting to be
issued by the Corporation or the Department of Infrastructure or an authorised
person certifying as to any matter which appears in or can be calculated from
the records kept by the Corporation or the Department of Infrastructure or a
delegate of the Corporation or the Department of Infrastructure is admissible
in evidence in any proceedings and, in the absence of evidence to the
contrary, is proof of the matters stated in the certificate.

(2) Without affecting the generality of any provision of the
Evidence Act 1958, a certificate or document which purports to have been
issued under any Act of the Commonwealth or of another State or Territory of
the Commonwealth corresponding to this Act and which purports to relate in any
way to-

   (a)  the registration or non-registration of a motor vehicle or trailer; or

   (ab) the registration number assigned to a motor vehicle or trailer; or



   (ac) the person who is entitled to use or possess a number plate bearing a
        particular registration number; or

   (b)  the person who is the owner of a motor vehicle or trailer or in whose
        name a motor vehicle or trailer is registered; or

   (c)  the fact that any person is or is not or was or was not permitted
        under a learner permit or licensed to drive a motor vehicle or a motor
        vehicle of any particular class; or

   (d)  the suspension or cancellation of any registration or driver licence;
        or

   (e)  the GVM, load capacity or identification of any motor vehicle or
        trailer; or



   (ea) the fact that a person is, or is not, or was, or was not, a member of,
        or a participant in, an approved road transport compliance scheme (as
        defined in section 106); or

   (f)  any other matter relating to the use of motor vehicles or trailers on
        highways-

is, for the purposes of this Act, admissible in evidence in any proceedings
and, in the absence of evidence to the contrary, is proof of the matters
stated in it.

(3) A certificate containing the prescribed particulars purporting to be
issued by the Corporation or the Department of Infrastructure certifying that
on a particular date a motor vehicle or trailer was registered in the name of
a particular person is admissible in evidence in any proceedings and, in the
absence of evidence to the contrary, is proof that on that date that person
was, if that date is before 1 May 1999, the owner and in any other case the
registered operator of that motor vehicle or trailer.

(4) A certificate or document which purports to have been issued under any Act
of the Commonwealth or of another State or Territory of the Commonwealth
corresponding to this Act certifying that on a particular date a motor vehicle
or trailer was registered under the corresponding Act in the name of a
particular person is admissible in evidence in any proceedings and, in the
absence of evidence to the contrary, is proof that on that date that person
was the owner of that motor vehicle or trailer.

(4A) A certificate containing the prescribed particulars purporting to be
issued by the Corporation or the Department of Infrastructure or an authorised
person certifying that on a particular date-

   (a)  a particular registration number was assigned to a particular motor
        vehicle or trailer; or

   (b)  a particular person was entitled to use or possess a number plate
        bearing a particular registration number-

is admissible in evidence in any proceedings and, in the absence of evidence
to the contrary, is proof that on that date that registration number was
assigned to that motor vehicle or trailer or that person was entitled to use
or possess that number plate, as the case requires.

(4B) A certificate or document which purports to have been issued under any
Act of the Commonwealth or of another State or Territory of the Commonwealth
corresponding to this Act certifying that on a particular date-

   (a)  a particular registration number was assigned under the corresponding
        Act to a particular motor vehicle or trailer; or

   (b)  a particular person was entitled under the corresponding Act to use or
        possess a number plate bearing a particular registration number-

is admissible in evidence in any proceedings and, in the absence of evidence
to the contrary, is proof that on that date that registration number was
assigned to that motor vehicle or trailer or that person was entitled to use
or possess that number plate, as the case requires.

(4C) A certificate purporting to be issued by the Corporation certifying that
on a particular date-

   (a)  a particular registration number was the subject of registration
        number rights; or

   (b)  a particular person was the owner of registration number rights in
        respect of a particular registration number-

is admissible in evidence in any proceedings and, in the absence of evidence
to the contrary, is proof of the matters stated in it.

(5) In any proceedings for a contravention of section 7(1) proof that a motor
vehicle or a trailer attached to a motor vehicle was used on a highway without
having affixed to it both the identifying number plates and the appropriate
registration label (if any) required by or under this Act is, in the absence
of evidence to the contrary, proof that the motor vehicle or trailer was used
in contravention of section 7(1).

(6) In any proceedings for an offence against this Act or the regulations the
statement of a member of the police force or an officer of the Corporation or
of the Department of Infrastructure-

   (a)  that writing or markings on a motor vehicle or trailer indicates or
        indicate the tare mass of the vehicle or trailer is admissible in
        evidence and, in the absence of evidence to the contrary, is proof of
        the unladen mass of the vehicle or trailer;

   (b)  as to the mass of a motor vehicle or trailer which he or she has
        examined is admissible in evidence and, in the absence of evidence to
        the contrary, is proof of the mass of the vehicle or trailer;

   (c)  that a name written on a motor vehicle or trailer indicates that the
        named person owns the vehicle or trailer is admissible in evidence
        and, in the absence of evidence to the contrary, is proof that the
        named person owns the vehicle or trailer;

   (d)  that an address written on a motor vehicle or trailer indicates that
        the address is the place of business from which the vehicle or trailer
        normally operates is admissible in evidence and, in the absence of
        evidence to the contrary, is proof that the specified address is the
        place of business from which the vehicle or trailer normally operates.

(7) In any proceedings for an offence described in section 66(1)-

   (a)  an image or message produced by a detection device prescribed for the
        purposes of section 66 used to detect speeding offences when tested,
        sealed and used in the prescribed manner; or

   (ab) an image or message produced by a prescribed process when used in the
        prescribed manner; or



   (b)  an image or message produced by a detection device prescribed for the
        purposes of section 66 used to detect traffic control signal offences
        when used in the prescribed manner-

showing or indicating-

   (c)  the date, time or location of the alleged offence or the registration
        number or general identification mark of a motor vehicle involved in
        the offence is, in the absence of evidence to the contrary, proof that
        the offence took place on that date or at that time or at that
        location or in respect of the motor vehicle with that registration
        number or general identification mark (as the case may be); or

   (ca) a number plate bearing a registration number displayed on a motor
        vehicle involved in the offence is, in the absence of evidence to the
        contrary, proof that the motor vehicle involved in the offence was the
        motor vehicle to which that registration number was assigned at the
        date and time of the offence; or

   (d)  that a plate marked with the letter P was displayed on a motor vehicle
        involved in the offence is, in the absence of evidence to the
        contrary, proof that the motor vehicle was being driven by the holder
        of a licence issued on probation under this Act during the prescribed
        period after the date of the issue of the licence; or





   (e)  that a plate marked with the letter L was displayed on a motor vehicle
        involved in the offence is, in the absence of evidence to the
        contrary, proof that the motor vehicle was being driven by the holder
        of a learner permit.

(8) In this section-

authorised person means a person who is authorised or who is the holder of a
position authorised for the purposes of this section by the Corporation.