Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In any prosecution
or proceedings for an offence against this Act an averment in the prosecution
notice that any person is or was an owner of, or a responsible person for, a
vehicle or became an owner of, or a responsible person for, a vehicle on any
date or that any person is or was not the holder of any particular licence
(either personal or in respect of any vehicle), or that the vehicle was driven
or used on a road or any place to which the public is permitted, whether on
payment of a fee or otherwise, to have access shall be deemed to be proved in
the absence of proof to the contrary.
(1a) In any
prosecution or proceedings for an offence under this Act an averment in the
prosecution notice that —
(a) the
alleged offender was, at the time of the alleged offence, a person to whom
section 64A(1) applied; or
(b) the
vehicle to which the alleged offence relates was, at the time of the alleged
offence, a motor vehicle to which section 64A(4) applied,
is to be taken to be
proved in the absence of proof to the contrary.
(1b) For the purposes
of any prosecution or proceedings for an offence under this Act or verifying
the accuracy of information provided under Part IVA to another Australian
driver licensing authority, the Director General or a person authorised by the
Director General may issue a certificate stating that a fact specified in the
certificate appears in or is derived from the driver’s licence register
under Part IVA or another record kept by the Director General under this Act.
(1c) A certificate
purporting to be issued under subsection (1b) or under a law in force in
another jurisdiction that corresponds to that subsection is evidence of any
fact stated in the certificate.
(2) For the purposes
of any prosecution or proceedings for an offence the Director General or any
person authorised by the Director General for that purpose may issue a
certificate which states —
(a) that
on any date or during any period —
(i)
a vehicle was registered; or
(ii)
a vehicle was not registered,
under this Act in the
name of any person specified in the certificate; or
(b) that
as at any date or during any period a person specified in the certificate
was —
(i)
registered as the holder of a vehicle licence under this
Act in respect of; or
(ii)
nominated pursuant to section 5(4) as the owner of,
a vehicle specified in
the certificate.
[(2a) deleted]
(2b) In any
prosecution or proceedings for an offence —
(a) a
certificate issued or purporting to be issued pursuant to subsection (2)
is evidence of the facts stated in the certificate;
(b) a
certificate or other document issued or purporting to be issued pursuant to a
law of a State or Territory of the Commonwealth (being a law in respect of
which a declaration under section 5(5) is in force) which states that on
any date or during any period —
(i)
a vehicle was registered in the name of any person
specified in the certificate or document; or
(ii)
a vehicle was not registered in the State or Territory in
respect of which the certificate or other document is issued,
is evidence of the
facts stated in the certificate or other document.
(2c) In
subsections (2) and (2b) offence means an offence against this Act or any
other Act or against any regulation, local law, by-law or rule made under an
Act.
(3) In any proceedings
for an offence against this Act —
(a) an
averment in the prosecution notice that the person by whom the proceedings
were instituted is authorised to institute the proceedings shall be deemed to
be proved in the absence of proof to the contrary.
[(b) deleted]
(4) In any prosecution
under this Act an averment in the prosecution notice that an offence was
committed within a local government district or any part of the State therein
specified shall be deemed to be proved in the absence of proof to the
contrary.
(5) If, in a
prosecution notice for an offence against this Act, the name of the accused is
that given by the alleged offender at the time of, or immediately following,
the occurrence giving rise to the charge, there is a presumption, rebuttable
by evidence to the contrary, that the accused is the alleged offender.
[Section 98 amended by No. 71 of 1979
s. 15; No. 105 of 1981 s. 14; No. 13 of 1992 s. 13;
No. 14 of 1996 s. 4; No. 76 of 1996 s. 20(3); No. 57
of 1997 s. 106(2); No. 39 of 2000 s. 40; No. 84 of 2004 s. 80;
No. 54 of 2006 s. 26; No. 39 of 2007 s. 39; No. 14 of 2011
s. 16.]