Queensland Consolidated Acts Queensland Consolidated Acts(1) In any proceeding under or for the purpose of this Act, the following apply—
(a) it shall not be necessary to prove the appointment of the chief executive, the commissioner, a superintendent or of a police officer;
(b) a signature purporting to be that of the chief executive, the commissioner, a superintendent or the person having the custody of the particulars of Queensland driver licences shall be taken to be the signature it purports to be until the contrary is proved;
(c) it shall not be necessary to prove the limits of any district or part of a district, or that any road or place is within a district or part thereof, or the authority of the chief executive, the commissioner, superintendent, or a police officer to do any act or take any proceedings, but this shall not prejudice the right of any defendant to prove the limits of the district or part of the district or the extent of such authority;
(e) proof that a person applied for or obtained a licence for a vehicle shall be evidence that such person was the owner of such vehicle and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such ownership;
(f) a document purporting to be a copy of a licence and certified as a true copy by the person having custody of the record relating to the licence is evidence of the licence;
(fa) particulars of a conviction, disqualification, suspension or cancellation stated on a licence, or on a document purporting to be a copy of a licence certified in the way stated in paragraph (f), is evidence that—
(i) the holder of the licence, or the holder of the licence of which the document purports to be a copy, was convicted or disqualified; or
(ii) the licence was suspended or cancelled;
(g) a document purporting to be signed by the chief executive, the commissioner or a superintendent and stating that at any stated time there was or was not in force a licence under this Act as described therein issued to a stated person, or in respect of a stated vehicle, or for a stated purpose (or a document purporting to be signed by the officer ordinarily having the custody of the particulars of Queensland driver licences and stating that at any stated time there was or was not in force a Queensland driver licence under this Act issued to a stated person), or, in the case of either document as aforesaid, stating that any such licence was or was not issued subject to terms, conditions, or restrictions, or was or was not issued subject to the terms, conditions, and restrictions set out in that document shall, upon its production in evidence, be evidence of the matter or matters in that document, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;
(ga) a certificate purporting to be signed by the chief executive or commissioner stating either or both of the following—
(i) at a stated time, a stated vehicle was or was not the nominated vehicle for chapter 5, part 3B for a stated person;
(ii) at a stated time, a stated nominated vehicle for chapter 5, part 3B for a stated person was or was not fitted with a prescribed interlock;
is evidence of the matters stated in it;
(gb) a certificate purporting to be signed by the chief executive or commissioner stating—
(i) that at a stated time a stated person had or did not have an interlock exemption that was in effect; and
(ii) any restrictions that applied to the interlock exemption;
is evidence of the matters stated in it;
(gc) a certificate purporting to be signed by the chief executive stating that the chief executive—
(i) has or has not received from a stated person an application, in the approved form, for an interlock exemption; or
(ii) did or did not grant an interlock exemption to a stated person and, if the chief executive did not grant the exemption, the reasons for deciding not to grant it;
is evidence of the matters stated in it;
(gd) a document purporting to be a copy of—
(i) a nomination, in the approved form, of a motor vehicle for section 91K(1)(a) received by the chief executive; or
(ii) an application, in the approved form, made under section 91P for an interlock exemption; or
(iii) a notice, given under section 91Q(4), asking a person who has made an application for an interlock exemption to give the chief executive further information or documents relevant to the application; or
(iv) a notice given under section 91Q(10) or 91V(5), about a decision of the chief executive made under chapter 5, part 3B; or
(v) a notice given under section 91Q(5) declaring that an application for an interlock exemption is taken to be withdrawn; or
(vi) an exemption certificate given under section 91R(3);
and certified as a true copy of the document is evidence of the matters stated in it;
(ge) a certificate purporting to be signed by the chief executive stating a person's traffic history at a stated date is evidence of the matters stated in it;
(j) against the owner of a vehicle, tram, or animal for permitting or allowing such vehicle, tram, or animal to be used or driven by a person not authorised under this Act by an appropriate driver licence or otherwise to use or drive that vehicle, tram, or animal, proof that such person used or drove that vehicle, tram, or animal shall be evidence that the owner of such vehicle, tram, or animal permitted or allowed such use or driving, and in the absence of evidence in rebuttal thereof shall be conclusive evidence that the owner of such vehicle, tram, or animal permitted or allowed such use or driving;
(k) any certificate purporting to be signed by the chief executive, the commissioner, a superintendent, chief executive officer of a local government or a clerk of the court or other person having custody of records relating to payments of moneys payable under this Act of the receipt or non-receipt of any notice, application, or payment or of any other thing required by this Act to be given or made shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter or matters;
(l) any certificate purporting to be signed by the chief executive as to any inspection made by any inspector appointed under this Act of any vehicle, whether such inspection was carried out at the direction of any police officer or not, shall, upon its production (and provided that a copy thereof has been made available a reasonable time before the hearing of the proceedings to any party, if requested), be evidence of the matter or matters stated therein and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter or matters, and the appointment of the inspector who made such inspection shall be presumed until the contrary is proved;
(n) any certificate or document—
(i) purporting to be issued under regulations about motor vehicle registrations made under this Act or a law of another State or a Territory corresponding to the regulations (a corresponding law); or
(ii) purporting to be signed by the chief executive, an entity responsible for registering motor vehicles under a corresponding law, or a person authorised by the chief executive or entity;
which states that on any day or during any period the motor vehicle stated in the certificate or document was registered in the name of the person stated therein shall be received in evidence, and shall be evidence that the person stated in the certificate or document was the owner of the motor vehicle stated therein on the day or during the period stated therein, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such ownership;
(na) any certificate or document referred to in paragraph (n) shall be presumed to have been duly issued or given until the contrary is proved;
(o) a certificate purporting to be signed by the chief executive, the commissioner or a superintendent stating that the records of the chief executive, commissioner or superintendent, as the case may be, show that any person was the licensee of any vehicle licensed under this Act at any time shall be received in evidence and shall be evidence that such person was such licensee at such time, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence that such person was such licensee at that time;
(oa) a document purporting to be signed by the commissioner or chief executive stating that the document is a true copy of a plan of installation of a photographic detection device at a place, showing any features of the installation, road infrastructure, road boundaries or road markings is evidence of the things shown in the document;
(p) a certificate purporting to be signed by the chief executive, the commissioner or a superintendent stating a stated stop watch, other watch or speedometer has been tested and found to produce accurate results at the time of testing is evidence the stop watch, other watch or speedometer was producing accurate results when so tested and for 6 months after the day of testing;
(pa) a certificate purporting to be signed by the commissioner and stating a particular stated induction loop speed detection device, laser-based speed detection device, piezo strip speed detection device or radar speed detection device—
(i) was tested at a stated time in accordance with—
(A) the appropriate Australian Standard for testing the device, as in force on the day of testing; or
(B) if there is no appropriate Australian Standard for testing the device in force on the day of testing—the manufacturer's specifications; and
(ii) was found to produce accurate results at the time of testing;
is evidence that the device was producing accurate results when so tested and for 1 year after the day of testing;
(pb) a certificate purporting to be signed by a police officer stating a particular stated laser-based speed detection device or radar speed detection device was used by the officer at a stated time in accordance with—
(i) the appropriate Australian Standard for using the device, as in force on the day of use; or
(ii) if there is no appropriate Australian Standard for using the device in force on the day of use—the manufacturer's specifications;
is evidence of the matters stated;
(pc) a certificate purporting to be signed by the commissioner stating a specified vehicle speedometer accuracy indicator (commonly known as a chassis dynamometer) has been—
(i) tested at a stated time; and
(ii) found to produce accurate results at the time of testing;
is evidence the indicator was producing accurate results when so tested and for 6 months after the day of testing;
(q) the burden of proof that any person, vehicle, tram, train, vessel, or animal was at any time exempt from any provision of this Act or that any such provision was not at any time applicable to any person, vehicle, tram, train, vessel, or animal shall be on the defendant;
(r) the allegation or averment in any complaint that—
(i) any person is or is not or was or was not at any time or date mentioned in the complaint—
(A) the owner of any vehicle, tram, train, vessel, or animal; or
(B) the holder of a licence or any particular class or description of licence; or
(C) of, or under, or over a stated age; or
(D) the holder of a driver licence authorising the holder to drive a motor vehicle on the road therein specified; or
(ii) any thing is or was a vehicle, tram, train, vessel, or animal or of a particular class or description thereof; or
(iii) any place or thing is or was a road or a part of a road or an off-street regulated parking area or a part of such an area; or
(iv) any way is or was a tramway or railway; or
(v) any distance referred to therein is or was a stated distance or is or was greater or less than a stated distance; or
(vi) any indication or prescribed indication is or was given by an official traffic sign;
shall be evidence of the matter or matters so averred or alleged, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;
(s) the allegation or averment in any complaint that any sign, signal, light, marking, or other device—
(i) is or is not, or was or was not, an official traffic sign; or
(ii) is or is not, or was or was not, lawfully constructed, made, marked, placed, erected, affixed, or painted in, into, or on or near any stated road or off-street regulated parking area, or that such sign, signal, light, marking, or other device is or is not, or was or was not, for any purpose stated in the complaint; or
(iii) does or does not contain, or has or has not contained, any stated work, figure, warning, direction, indication, or symbol;
shall be evidence of the matter or matters so alleged or averred and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;
(t) any person who appears, acts, or behaves as the driver, rider, or person having the possession, custody, care, or management of any vehicle, tram, train, vessel, or animal, or who uses or drives, or attempts to use or drive the same shall be presumed to be the person in charge thereof whether the person is or is not the real person in charge, and it is immaterial that by reason of circumstances not known to such person it is impossible to drive or otherwise use the same;
(ta) evidence that a number plate showing a particular registration number was attached to a motor vehicle at a particular time is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles as then having that registration number;
(tb) a certificate purporting to be signed by the commissioner, chief executive or a superintendent certifying that a breath analysing instrument or saliva analysing instrument has been—
(i) tested at a stated time—
(A) in accordance with the appropriate Australian Standard that is in force at the time using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth); or
(B) if there is no appropriate standard—in accordance with the manufacturer's specifications using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth); and
(ii) found to produce accurate results at the time of testing;
is evidence of the matters stated and evidence the breath analysing instrument or saliva analysing instrument was producing accurate results when so tested and for 1 year after the day of testing;
(u) evidence of the condition of a breath analysing instrument or saliva analysing instrument, as defined in section 80, or the manner in which it was operated shall not be required unless evidence that the instrument was not in proper condition or was not properly operated has been adduced;
(v) evidence of the condition of a parking meter or parkatarea is not required unless evidence that the parking meter or parkatarea was not in proper condition has been given.
(2) Subsection (1)(r) and (s) shall apply to any matter alleged or averred thereunder although—
(a) evidence in support of such matter or of any other matter is given; or
(b) any matter so alleged or averred is a mixed question of law and fact, but in that case the allegation or averment shall be evidence of the fact only.
(3) This section shall not lessen or affect any onus of proof otherwise falling on the defendant.
(4) A defendant who intends to challenge—
(a) the accuracy of a speed detection device or vehicle speedometer accuracy indicator for which a certificate is given under subsection (1); or
(b) the time at, or way in, which the relevant device was used;
at the hearing and determination of a charge against the defendant under this Act must give written notice of the challenge to the prosecution.
(5) The notice must be in the approved form and must—
(a) be signed by the defendant; and
(b) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (4)(a) or (b); and
(c) be given at least 14 days before the day fixed for the hearing.