Tasmanian Numbered Regulations

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VEHICLE AND TRAFFIC (OFFENCE DETECTION DEVICES) REGULATIONS 2023 (S.R. 2023, NO. 33) - REG 7

Proof of testing
(1)  In this regulation –
test certificate means a certificate in an approved form, in respect of the testing of a device under regulation 10 , 11 , 15 , 17 , 20 or 23 .
(2)  In any proceedings for an offence –
(a) it is not necessary to prove the onsite testing of a device in accordance with regulation 10 , 11 , 15 , 17 , 20 or 23 , other than the onsite testing last preceding the date on which the offence is alleged to have been committed; and
(b) it is not necessary to prove the calibration testing of a device in accordance with regulation 11 other than the calibration testing last preceding the date on which the offence is alleged to have been committed; and
(c) a test certificate is evidence and, in the absence of evidence to the contrary, proof of the matters set out in the certificate; and
(d) evidence that a device operated for the purposes of these regulations bears a number corresponding to the number of a device referred to in a test certificate is evidence and, in the absence of evidence to the contrary, proof that the first-mentioned device is identical to the one referred to in the certificate.
(3)  The Transport Commission is to ensure that a copy of each approved form of a test certificate is published on a website maintained by or on behalf of the Department.


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