Queensland Consolidated Acts

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TRANSPORT INFRASTRUCTURE ACT 1994 - SECT 105

105 Evidence and procedure

(1) For this part—

(a) it is not necessary to prove the appointment of an official; and
(b) a signature purporting to be the signature of an official is evidence of the signature it purports to be; and
(c) a certificate stating any of the following matters is evidence of the matter—
(i) a stated place was or was not a toll road or part of a toll road;
(ii) a stated place was or was not a toll plaza or part of a toll plaza;
(iii) a stated person was or was not recorded as the registered operator of a stated vehicle;
(iv) a stated vehicle was or was not a designated vehicle of a stated type;
(v) the toll payable for a vehicle's use of a toll road has not been paid;
(vi) the administration charge for a toll has not been paid;
(vii) a statutory declaration required for division 3 was or was not received;
(viii) a recording is a recording of a type mentioned in subsection (3).

(2) A certificate—

(a) may relate to a stated time or period of time; and
(b) if it is issued for a particular period, has the effect mentioned in subsection (1)(c) for the entire period.

(3) A recording by a photographic, mechanical, electronic or other device for the purpose of administering this part, including for the operation of a toll road under this part, is evidence—

(a) that the recording was made; and
(b) of the accuracy of the recording; and
(c) of the matters stated in the recording.

(4) For this section—

certificate means a certificate purporting to be signed by an official.

official means—

(a) the chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or
(b) the chief executive officer, however named, of a toll road operator, or a suitably qualified employee of the toll road operator acting under the authority of the chief executive officer.


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