Queensland Numbered Acts Queensland Numbered ActsAfter section 123C —
insert—
123D Delegation To remove any doubt, it is declared that—(a) the Transport Planning and Coordination Act 1994 , section 37 applies to a function or power of the chief executive under this part; and(b) the Police Service Administration Act 1990 , section 4.10 applies to a power of the commissioner under this part.
123E Certified copies of documents(1) This section applies to a document—(a) purporting to be a copy of—(i) a nomination of a motor vehicle for section 91K(1)(a), made in accordance with section 163A, and received by the chief executive; or(ii) an application made under this Act; or(iii) a written notice given to a person under this Act;or(iv) a certificate of exemption given under this Act; or(v) a certificate in the approved form signed by a health professional stating that a person does or does not have a mental or physical incapacity likely to affect their ability to drive safely; or(vi) a certificate issued to a person under the driver licensing regulation because—(A) the person held a valid provisional, probationary or open licence to drive a class of vehicle; and(B) that licence stopped being valid more than 5 years before the person applied for a licence of the same class as that licence; and(b) certified by the chief executive as a true copy of a document mentioned in subsection (1)(a).(2) For a proceeding for an offence against a transport Act, the document is evidence of the matters stated in it.
123F Certified copy of licence or other document(1) This section applies to a document—(a) purporting to be a copy of—(i) a licence; or(ii) another document issued, or required to be kept, under a transport Act; and(b) certified as a true copy of the licence or other document by—(i) the chief executive; or(ii) the commissioner; or(iii) a person who has custody of the particulars of, or records relating to, Queensland driver licences.(2) For a proceeding for an offence against a transport Act the document—(a) is evidence of the licence or other document; and(b) is evidence of the matters stated in it.
123G Certified copy of licence or other document under corresponding law(1) This section applies to a document—(a) purporting to be a copy of—(i) a driver licence under a corresponding law to a transport Act; or(ii) another document issued, or required to be kept, under a corresponding law to a transport Act; and(b) certified as a true copy of the driver licence or other document by—(i) the chief executive administering the corresponding law; or(ii) a person authorised by that chief executive.(2) For a proceeding for an offence against a transport Act the document is evidence of the driver licence or other document.
123H Certified copy of plan of installation of photographic detection device(1) This section applies to a plan of installation of a photographic detection device at a place—(a) showing any features of—(i) the installation; or(ii) road infrastructure; or(iii) road boundaries; or(iv) road markings; and(b) certified by the chief executive or the commissioner as a true copy of the plan.(2) For a proceeding for an offence against a transport Act, the plan is evidence of the matters shown in it.
123I Certificate is evidence of another matter—stop watches, other watches and speedometers(1) This section applies to a certificate—(a) purporting to be signed by the chief executive or the commissioner; and(b) stating that a specified stop watch, other watch or speedometer has been tested and found to produce accurate results at the time of testing.(2) For a proceeding for an offence against a transport Act, the certificate is evidence the stop watch, other watch or speedometer was producing accurate results when tested and for 6 months after the day of testing.
123J Certificate is evidence of another matter—speed detection(1) This section applies to a certificate purporting to be signed by the commissioner and stating a specified induction loop speed detection device, laser-based speed detection device, piezo strip speed detection device or radar speed detection device—(a) was tested at a specified time in accordance with—(i) the appropriate Australian Standard for testing the device, as in force on the day of testing; or(ii) if there is no appropriate Australian Standard for testing the device in force on the day of testing—the manufacturer’s specifications; and(b) was found to produce accurate results at the time of testing.(2) For a proceeding for an offence against a transport Act, the certificate is evidence the device was producing accurate results when tested and for 1 year after the day of testing.
123K Certificate is evidence of another matter—speedometer accuracy indicator(1) This section applies to a certificate purporting to be signed by the commissioner stating a specified vehicle speedometer accuracy indicator (commonly known as a chassis dynamometer) has been—(a) tested at a specified time; and(b) found to produce accurate results at the time of testing.(2) For a proceeding for an offence against a transport Act, the certificate is evidence the indicator was producing accurate results when tested and for 6 months after the day of testing.
123L Certificate is evidence of another matter—analysing instrument(1) This section applies to a certificate purporting to be signed by the commissioner or the chief executive stating that a breath analysing instrument or saliva analysing instrument has been—(a) tested at a specified time—(i) in accordance with the appropriate Australian Standard that is in force at the time or, if there is no appropriate standard, in accordance with the manufacturer’s specifications; and(ii) using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth) ; and(b) found to produce accurate results at the time of testing.(2) For a proceeding for an offence against a transport Act, the certificate is evidence—(a) of the matters stated in it; and(b) that the breath analysing instrument or saliva analysing instrument was producing accurate results when tested and for 1 year after the day of testing.
123M Exemption or non-application of provision—onus of proof In a proceeding for an offence under this Act, the defendant bears the onus of proving—(a) that a person, vehicle, tram, train, vessel or animal was at any time exempt from a provision of this Act; or(b) that a provision of this Act was not applicable to a person, vehicle, tram, train, vessel or animal.
123N Evidence of registration number(1) This section applies to evidence that a number plate showing a particular registration number was attached to a motor vehicle at a particular time.(2) For a proceeding for an offence against a transport Act, the evidence is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles as having that registration number at that time.
123O Matters not necessary to prove For a proceeding for an offence against a transport Act, it is not necessary to prove the following—(a) the limits of a district or part of a district;(b) that a road or place is within a district or part of a district;(c) the authority of the chief executive, the commissioner or a police officer to do any act or take any proceedings.
123P Evidence about analysing instruments(1) For a proceeding for an offence against a transport Act, evidence of the condition of a breath analysing instrument or saliva analysing instrument, or the manner in which it was operated, is not required unless evidence is given that the instrument—(a) was not in proper condition; or(b) was not properly operated.(2) In this section—
"breath analysing instrument" see section 80(1).
"saliva analysing instrument" see section 80(1).
123Q Evidence about parking meters and parkatareas For a proceeding for an offence against a transport Act, evidence of the condition of a parking meter or parkatarea is not required unless evidence is given that the parking meter or parkatarea was not in proper condition.
123R Challenges to devices(1) This section applies to a defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge—(a) the accuracy of a speed detection device or vehicle speedometer accuracy indicator for which a certificate is given under section 123J or 123K; or(b) the time at which, or way in which, the device was used.(2) The defendant must give written notice of the challenge to the prosecution.(3) The notice must—(a) be in the approved form; and(b) be signed by the defendant; and(c) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (1)(a) or (b); and(d) be given at least 14 days before the day fixed for the hearing.