Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_162
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 162
Character Range: 232435–233924

162  Averments
 (1) In proceedings for a road law offence, a statement or allegation in a complaint or charge made by the person bringing the proceedings that, at a specified time or during a specified period:
 (a) a specified vehicle or combination was a heavy vehicle or heavy combination; or
 (b) a specified vehicle or combination was of a particular class of heavy vehicle or heavy combination; or
 (c) a specified person was the registered operator of a heavy vehicle; or
 (d) a specified person was a member of or participant in an approved road transport compliance scheme; or
 (e) a specified location was, or was part of, a road or road‑related area; or
 (f) without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 10(3) (Roads and road‑related areas) or was not the subject of a declaration under section 10(4), or both; or
 (g) a specified location was subject to a specified prohibition, restriction or other requirement regarding the operation or use of vehicles or specified classes of vehicles (including, for example, a temporary restriction on load limits during wet weather);
is prima facie evidence of that matter.
 (2) In a prosecution for a road law offence, a statement or allegation in a complaint or charge made by the person bringing the proceedings that the offence was committed in a specified place, at a specified time, on a specified date or during a specified period is prima facie evidence of that matter.