Queensland Numbered Acts

TOW TRUCK ACT 2023 - SECT 128

128 Other evidentiary provisions

(1) In a complaint starting the proceeding, an allegation of the following matters is evidence of the matter and, in the absence of evidence to the contrary, is conclusive evidence of the matter—

(a) a person is or is not, or was or was not at a time or on a day stated in the complaint, the owner of a motor vehicle;

(b) a thing is or was a motor vehicle of a particular class or description;

(c) a place is or was—

(i) a road or part of a road; or

(ii) a relevant off-street regulated parking area or part of a relevant off-street regulated parking area; or

(iii) a private property or part of a private property;

(d) a person was an occupier of private property or another place.

(2) If the proceeding is a review of or appeal against a decision made by the chief executive, a document purporting to be a report given to the chief executive for this Act, in relation to a relevant person, that is relevant to the proceeding is admissible as evidence of the matters in the document.

(3) In this section—

"relevant person" means—

(a) a person who applies for an accreditation under part 2 , division 2 ; or

(b) a person who is the holder of an accreditation; or

(c) an executive officer of a corporation that applies for an accreditation under part 2 , division 2 or is the holder of an accreditation; or

(d) a partner in a partnership that applies for an accreditation under part 2 , division 2 or is the holder of an accreditation.