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Library›TORUM Act 1995›Chapter 5 Road use›Part 8 Proceedings and evidence
TORUM Act 1995

Contents

  • Queensland
  • Transport Operations (Road Use Management) Act 1995
  • Queensland
  • Transport Operations (Road Use Management) Act 1995
  • Chapter 1Preliminary
  • Chapter 2Responsibilities for road use management strategies and programs
  • Chapter 3Road user performance and compliance
    • Part 1Alternative compliance
    • Part 1AApprovals
    • Part 1BCancelling vehicle registration for offensive advertisements
    • Part 2Authorised officers and accredited persons
    • Part 3Powers of authorised officers and other persons
      • Division 1Powers for places
      • Division 2Powers for vehicles
        • Subdivision 1Stopping vehicles
        • Subdivision 2Moving vehicles
        • Subdivision 3Other powers for vehicles
        • Subdivision 4Other provisions about stopping and moving vehicles etc.
      • Division 3Power to seize evidence
      • Division 3AAdditional seizure powers for certain vehicles for sale
      • Division 3B
      • Embargo notice for evidence about heavy vehicle or dangerous goods
      • Division 4
      • General powers
    • Part 4BReciprocal powers of authorised officers
    • Part 4CChief executive’s powers for vehicles, loads or other things
    • Part 5Offences
    • Part 6General
  • Chapter 4Review of decisions
  • Chapter 5Road use
    • Part 1Local government functions
    • Part 2Official traffic signs
    • Part 3Driving of vehicles and animals
      • 77Restricted written or electronic release of person’s prescribed authority and traffic history information
      • 77AAAChief executive may advise registered operator of offences committed in registered operator’s vehicle
      • 77AARestricted oral release of particular information
      • 77ABConfirming Queensland driver licence is valid
      • 77AReleasing information about Queensland driver licence or traffic history for research purposes
      • 78Driving of motor vehicle without a driver licence prohibited
      • 78APermit to drive—recently expired driver licence
      • 78BRiding electrically power-assisted cycle or personal mobility device without valid licence prohibited
      • 78DLiability of parent—offence committed by child against parent liability provision
      • 79Vehicle offences involving liquor or other drugs
      • (1C)Liability under subsection (1) if 2 convictions within 5 years under various provisions
      • (1D)Liability under subsection (1) if convicted within 5 years under other subsections
      • (1E)Liability under subsection (1) if 2 convictions within 5 years under other subsections
      • (1F)Offence of driving etc. while over middle alcohol limit but not over high alcohol limit
      • (2)Offence of driving etc. while over general alcohol limit but not over middle alcohol limit
      • (2AAA)Offence of riding bicycle or personal mobility device while over middle alcohol limit but not over high alcohol limit
      • (2AAB)Offence of riding bicycle or personal mobility device while over general alcohol limit but not over middle alcohol limit
      • (2AA)Offence of driving etc. while relevant drug is present in blood or saliva
      • (2A)Offence of driving etc. while over no alcohol limit but not over general alcohol limit if particular type of driver or licence
      • (2BB)Definition for subsection (2A)
      • (2B)Offence of driving etc. particular motor vehicles while over no alcohol limit but not over general alcohol limit
      • (2C)Motor vehicles to which subsection (2B) applies
      • (2D)Offence of driving etc. tram, train or vessel while over no alcohol limit but not over general alcohol limit
      • (2E)Vessels to which subsection (2D) applies
      • (2F)Liability under various subsections if conviction within 5 years under the subsections
      • (2G)Liability under various subsections if 2 convictions within 5 years under the subsections
      • (2H)Liability under various subsections if conviction within 5 years for other offences
      • (2I)Liability under various subsections if conviction within 5 years under the subsections and another conviction
      • (2J)Offence for particular licence holders if driving etc. while over no alcohol limit but not over general alcohol limit
      • (2K)Offence for class RE licence holders if riding etc. a motorbike while over no alcohol limit but not over general alcohol limit
      • (2L)Offence for class RE licence holders if learning to ride etc. a class R motorbike while over no alcohol limit but not over general alcohol limit
      • (2M)Definitions for subsections (2K) and (2L)
      • (3)Presumption that defendant is under the influence of liquor if over high alcohol limit
      • (4)Conviction for offence against subsection (1F), (2), (2A), (2B), (2D), (2J), (2K) or (2L) in particular circumstance
      • (4A)Conviction for offence against subsection (1F) or (2) in particular circumstance
      • (5)Conviction for offence under subsection (2AA) in particular circumstances
      • (5A)Subsection (5) does not limit subsections (4) and (4A).
        • (6)Court not to convict if satisfied of particular matters
          • (7)Offence of driving etc. animals and other things while under the influence
          • (7A)Offence of riding etc. bicycle or personal mobility device while under the influence
          • (7B)Presumption that defendant of offences involving bicycles or personal mobility devices is under the influence of liquor if over high alcohol limit
          • (8)Use of 'liquor or a drug' in charge not bad
          • (8A)Conviction even if particular influence not established
          • (9)Suspension of driver licence on failure to appear
          • (10)Court's discretion for subsection (9) order
          • (10A)Definition for subsection (10)
          • (11)Application of subsections (1)–(2L)
          • (12)Criminal Code, section 24, not applicable
          • 79AAProvisions applying to supervisor of a learner
          • 79AWhen is a person over the limit
          • 79BImmediate suspension or disqualification
          • 79CWhen person is charged for s 79B
          • 79DNotice to be given of suspension or disqualification
          • 79ECourt may allow particular person whose licence is suspended under s 79B to drive
          • 79FReplacement licence if there is an order under s 79E
          • 79GWhen person is disqualified while section 79E order applies
          • 79HInfringement notices for driving while over general alcohol limit but not over middle alcohol limit
          • 79IAdministrative disqualification for driving while over general alcohol limit but not over middle alcohol limit
          • 79JEffect of administrative disqualification
          • 80Breath and saliva tests, and analysis and laboratory tests
          • (1A)When person taken not to have provided specimen
          • (2)Request for specimen of breath or saliva in relation to circumstances involving motor vehicles, trams, trains or vessels
          • (2AA)Request for specimen of breath in relation to circumstances involving bicycles or personal mobility devices
          • (2A)Request for specimen of breath or saliva after incident involving motor vehicles, trams, trains or vessels
          • (2AAA)Request for specimen of breath after incident involving bicycles or personal mobility devices
          • (2B)Application of subsection (2C)
    • More than 1 specimen may be required
      • Time and place for provision of specimen
        • Time limits for requirement for specimen
          • Forcible taking of person to police station or other place
          • Offence of failing to provide specimen as required
          • When person is not guilty under subsection (5A)
          • Powers of police for subsections (8)–(8L)
          • (8)Particular persons under arrest or detained may be required to provide specimen
          • (8A)Detaining person mentioned in subsection (8)
          • (8B)Person may be taken to particular places for subsections (8)–(8L)
          • (8C)Police officer may require specimen if person at hospital
          • (8D)Limitation applying to requisition under subsection (8C)
          • (8E)Specimen of blood must be required if doctor's certificate produced
          • (8F)Providing a specimen of breath
          • (8FA)Providing a specimen of saliva
          • (8G)Authorising a police officer to operate breath or saliva analysing instrument
          • (8H)Lost, mislaid or destroyed instrument of authority
          • (8I)Certificate of commissioner about authorisation
          • (8L)Application of subsection (8M)
          • (8M)Requiring as many specimens as considered reasonably necessary
          • (9)Requiring specimen of blood or urine for laboratory test
          • (9A)Powers of a police officer making requisition under subsection (9)
          • (9B)Taking of specimen of blood by health care professional
          • (9C)Providing specimen of urine as directed by doctor or nurse
          • (10)Requiring doctor or nurse to obtain specimen of blood for laboratory test
          • (10A)Obligations of doctors and nurses when taking specimen of blood
          • (10B)Qualified assistant may take specimen of blood
          • (10C)Specimen of blood also to be given to person
          • 10DDoctor or nurse need not comply with subsection (10A) in particular circumstances
          • 10ELimitation on requiring specimen of blood when specimen of breath previously provided and analysed
          • 10EALimitation on requiring specimen of blood when specimen of saliva previously analysed
          • 10GLawful to take specimen of blood without consent
          • 11Guilt of offence and liability for failing to provide specimen
          • 11APerson not guilty under subsection (11) in particular circumstances
          • 15Breath analysis certificate
          • (15A)Subsection (15) certificate evidence
          • (15AB)Saliva analysis instrument record and notices
          • (15AC)Approved form for person whose saliva is tested is to include particular matters
          • (15B)Certificate of failure to provide breath or saliva specimen
          • (15F)Subsection (15B) certificate evidence
          • (15G)Evidence from breath analysing instrument
          • (15H)Evidence may be negatived
          • (16)Delivery of blood, urine or saliva specimen to laboratory
          • (16A)Prescribed delivery of specimen to laboratory
          • (16B)Certificate by analyst is evidence of stated matters
          • (16BA)Request for laboratory’s records
          • (16C)Certificate by health care professional of failure to provide blood specimen
          • (16E)Subsection (16C) certificate evidence
          • (16F)Three hours proof of alcohol or drug concentration by laboratory test
          • (16FA)Three hours proof of relevant drug presence by laboratory test
          • (16G)Evidence may be negatived
          • (16H)Adjournment of hearing for reasons relating to certificate of analyst
          • (16J)Deposition about giving certificate
          • (16K)Subsection (16J) deposition evidence
          • (16L)Court may deal with a charge even if laboratory test result unknown
          • (18)Certificate by health care professional is evidence of stated matters
          • (18A)Certificate by particular person is evidence of matters relating to the person
          • (19)Evidence of compliance with subsection (16A)
          • (20)Person providing specimen of blood or saliva may request specimen
          • (20A)Health care professional must comply with request under subsection (20)
          • (21)Definition for subsection (22)
          • (22)Application of subsection (22AA)
          • (22AA)Suspension of driver licence for 24 hours in particular circumstances
          • (22A)Police officer to give statement of suspension
          • (22AB)Definition for subsection (22AC)
          • (22AC)Application of subsection (22AD)
          • (22AD)Prohibition from riding bicycle or personal mobility device
          • (22AE)Police officer to give notice of prohibition
          • (22B)Arrest immaterial
          • (22C)No review or appeal lies for suspension
          • (22D)Offence of driving motor vehicle during suspension
          • (22DA)Offence of riding bicycle or personal mobility device while prohibited under subsection (22AD)
          • (23)If doctor unavailable, police officer may take person to another place for taking of specimen
          • 24Evidence of concentration of alcohol, drug etc. is admissible in trial on indictment
          • 24AProvisions about evidence admissible under subsection (24)
          • 26Defendant to give 14 days notice of intention to lead evidence of particular matters
          • 27Requirements for notice under subsection (26)
          • 28Court’s leave necessary for particular persons to be required to attend hearing
          • 29When court may grant leave under subsection (28)
          • 30Matters for proceedings for offence against section 79 or 83 or the Criminal Code, section 328A
          • 80AALimitation on use of saliva for saliva test or saliva analysis and related matters
          • 80AObstructing the taking of a blood specimen
          • 80BInterstate exchange of information
          • 82Offenders may be ordered to attend training programs
          • 83Careless driving of motor vehicles
          • 84Dangerous driving of vehicles (other than motor vehicles), trams, trains or animals on roads
          • 84AARiding particular vehicles without due care and attention on road-related areas
          • 84ADriving of motor vehicles carrying placard loads in tunnels
          • 84BRiding prohibited bikes in public
          • 84CFalse or misleading labelling related to electrically power-assisted cycles
          • 85Racing and speed trials on roads
          • 85AWilfully causing motor vehicle to lose traction with road
          • 86Disqualification of drivers of motor vehicles for certain offences
          • 87Issue of restricted licence to disqualified person
          • 88Variation of conditions
          • 89Power to disqualify person from holding or obtaining Queensland driver licence though acquitted of certain indictable offences
          • 90Power to disqualify person from holding or obtaining Queensland driver licence though complaint dismissed
          • 90ADefinitions for ss 90B–90D
          • 90BCumulative periods of disqualification for offences committed at different times
          • 90CCumulative periods of disqualification for acts done and offences committed at same time
          • 90DOther matters about cumulative periods of disqualification
          • 91Chief executive to be advised of persons disqualified from holding Queensland driver licences etc.
    • Part 3AEducation programs for drink drivers
    • Part 3BAlcohol ignition interlocks
    • Part 4Incidents on roads and other areas
    • Part 5Traffic diversions and removal of things from roads
    • Part 6Regulated parking
    • Part 7Detection and testing devices
      • Division 1Speed detection devices
      • Division 2Photographic detection devices
        • 113Definitions for div 2
        • 113APhotographic detection device defined
        • 114Offences detected by photographic detection device
        • 115Limitation of prosecution period extended in particular circumstances
        • 116Notice accompanying summons
        • 117Use of penalties collected for camera-detected offences
        • 118Photographic or video evidence—inspection
        • 119Notice of dispute about traffic control device or sign
        • 120Evidentiary provisions
        • 120AAverage speed of motor vehicle is evidence of actual speed in certain circumstances
        • 120BApplication of highest or average speed limit if multiple speed limits
        • 120CApplication of maximum speed limit if variable speed limit
        • 120DPhotographic or video evidence about use of approved seatbelt
        • 120EPhotographic or video evidence of matter relating to driver distraction offence
        • 120FReport about prescribed offence detected by photographic detection device
        • 121Application of the State Penalties Enforcement Act 1999
      • Division 3Approved testing devices
    • Part 7ACrossing supervisor scheme
    • Part 7BLegacy EPAC and special purpose EPAC verification
    • Part 8Proceedings and evidence
      • 123Records
      • 123AProof of appointments unnecessary
      • 123BProof of signatures unnecessary
      • 123CCertificate is evidence of matter in certificate
      • 123DDelegation
      • 123ECertified copies of documents
      • 123FCertified copy of licence or other document
      • 123GCertified copy of licence or other document under corresponding law
      • 123HCertified copy of plan of installation of photographic detection device
      • 123ICertificate is evidence of another matter—stop watches, other watches and speedometers
      • 123JCertificate is evidence of another matter—speed detection
      • 123KCertificate is evidence of another matter—speedometer accuracy indicator
      • 123KACertificate is evidence of another matter—approved testing device
      • 123LCertificate is evidence of another matter—analysing instrument
      • 123MExemption or non-application of provision—onus of proof
      • 123NEvidence of registration number
      • 123OMatters not necessary to prove
      • 123PEvidence about analysing instruments
      • 123QEvidence about parking meters and parkatareas
      • 123RChallenges to devices
      • 123SInstruments
      • 123SAEvidence of particular matters relating to vehicles
      • 123TTransport documentation
      • 123UEvidence not affected by nature of vehicle
      • 123VProceedings for offences
      • 123WBlack and white reproductions of words in colour
      • 124Facilitation of proof
      • 124AAInspection certificates
      • 124AAdditional ground of challenge not stated in written notice required under particular provisions
      • 125When offences not to be dealt with summarily
      • 125AOnus of proof not lessened or affected
    • Part 9General
      • 126Fraud and unlawful possession of licences
      • 126ASmartcard authority is property of the State
      • 127Effect of disqualification
      • 128Effect of disqualification on subsequent issue of Queensland driver licence
      • 129AEffect of suspension of licence under other Acts
      • 129BDisqualification period for person driving more than 40km/h over speed limit
      • 130Delivery of cancelled or surrendered licences, or licences for endorsement
      • 131Reviews and appeals with respect to issue of licences etc.
      • 131ARemoving absolute disqualification imposed before 13 March 2002
      • 133Business owner to record information about repairs and painting
      • 133AWhen information in s 133 must be recorded
      • 133BHow long information in s 133 must be kept
      • 134Altering, defacing or removing identifying numbers
      • 135Unlawfully interfering with, or detaining, vehicles etc.
      • 136Agreements for detaining vehicles
      • 137Injurious matter on roads
      • 139Service of determinations, notices, orders, and directions of the commissioner or the chief executive
      • 140Service if address unknown etc.
      • 141Instruments not affected by error
      • 142Health professional’s disclosure not breach of confidence
      • 143Confidentiality
      • 144Act does not apply to police officer in course of duty
    • Part 10Fees and regulations
  • Chapter 5ATransporting dangerous goods
    • Part 1Preliminary
    • Part 2Regulations and emergency orders
    • Part 3Exemptions
    • Part 4Offences and matters relating to legal proceedings
    • Part 5Improvement notices
    • Part 6Dangerous situation notices and relevant oral directions
    • Part 7Other matters
  • Chapter 5ABGoods too dangerous to be transported
  • Chapter 5BRequirements for particular applications and nominations
  • Chapter 6Miscellaneous
  • Chapter 7Transitional and validation provisions
    • Part 1Transitional provisions for Transport Operations (Road Use Management) Act 1995
    • Part 2Transitional provisions for Transport Legislation Amendment Act 1998
    • Part 3Transitional provisions for Road Transport Reform Act 1999
    • Part 4Transitional provisions for Transport Operations (Road Use Management) Amendment Act 2002
    • Part 5Transitional provision for Transport Legislation Amendment Act (No. 2) 2002
    • Part 6Transitional provision for the Transport Operations (Road Use Management) and Another Act Amendment Act 2003
    • Part 7Transitional provisions for the Transport Legislation Amendment Act 2005
    • Part 8Transitional provisions for Maritime and Other Legislation Amendment Act 2006
    • Part 9Transitional provisions for Transport Legislation and Another Act Amendment Act 2007
    • Part 10Transitional provisions for Transport Legislation Amendment Act 2007
    • Part 11Validating provisions for Transport Legislation Amendment Act 2007
    • Part 12Transitional provision for Criminal Code and Other Acts Amendment Act 2008
    • Part 13Transitional provisions for the Transport and Other Legislation Amendment Act 2008, part 2, division 3
    • Part 15Transitional provisions for Transport and Other Legislation Amendment Act 2010
    • Part 17Transitional provisions for the Transport and Other Legislation (Heavy Vehicle National Law) Amendment Act 2013
    • Part 18Transitional provision for Transport and Other Legislation Amendment Act 2014
    • Part 19Transitional provision for Holidays and Other Legislation Amendment Act 2015
    • Part 20Transitional provision for Transport and Other Legislation Amendment Act 2017
    • Part 21Transitional provisions for Heavy Vehicle National Law and Other Legislation Amendment Act 2018
    • Part 22Transitional provision for Termination of Pregnancy Act 2018
    • Part 23Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019
    • Part 24Transitional provision for Transport Legislation (Disability Parking and Other Matters) Amendment Act 2020
    • Part 25Transitional provisions for Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Act 2020
    • Part 26Transitional provision for Transport Legislation (Road Safety and Other Matters) Amendment Act 2022
    • Part 27Transitional provisions for Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Act 2026
    • Part 28Transitional provisions for Transport and Other Legislation Amendment Act 2026
  • Schedule 1
  • Schedule 2Disqualifying offences under the Criminal Code—crossing supervisors
  • Schedule 3Reviewable decisions
  • Schedule 3
  • Schedule 4Dictionary
  • Schedule 4

125AOnus of proof not lessened or affected#

This part does not lessen or affect any onus of proof otherwise falling on the defendant.

Source: TORUM Act 1995 · page 365 Open PDF at this page Search this document
← Previous125 When offences not to be dealt with summarily Next →Part 9 General
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