Australian Capital Territory Numbered Acts

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MOTOR VEHICLES (DIMENSIONS AND MASS) ACT 1990 (NO. 13 OF 1990) - SECT 56

Certificates of inspectors to be evidence

56. (1) In any proceedings before a court, a certificate purporting to be signed by an inspector stating that—

        (a)     he or she was, on a specified day, an inspector; and

        (b)     on a day and at a time and place specified in the certificate, he or she served a notice under section 43 on the driver of a vehicle specified in the certificate, being a notice a copy of which is attached to the certificate;

is evidence of the matters stated in the certificate.

(2) In any proceedings before a court, a certificate purporting to be signed by an inspector stating that—

        (a)     he or she was, on a specified day, an inspector; and

        (b)     on a day, and at a time and place, specified in the certificate, he or she served on the driver of a vehicle specified in the certificate a notice under section 46, being a notice a copy of which is attached to the certificate, and that the notice was served in accordance with that section;

is evidence of the matters stated in the certificate.

(3) In any proceedings before a court, a certificate signed by the Registrar or a Deputy Registrar stating that a permit was, or was not, in force in respect of a vehicle specified in the certificate—

        (a)     permitting the vehicle to be used on public streets, and in public places, on a day specified in the certificate; or

        (b)     permitting the vehicle to be used for the purpose of undertaking a journey involving travel on a public street, or in a public place, specified in the certificate on a day and at a time specified in the certificate;

is evidence of the matters stated in the certificate.

(4) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.



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