Contents of Section

Chapter:

393 PDFTitle:TATE'S CAIRN TUNNEL ORDINANCEGazette Number:29 of 1999
Section:42AHeading:Certificates of image recording and printing devicesVersion Date:01/09/1999

(1) A document in such form as may be specified by the Commissioner purporting-

        (a) to be a record of the testing of the functioning, inspection or servicing of an image recording device (with or without any associated image printing device) used for the purpose of recording and, where appropriate, reproducing the images of vehicles passing through a toll booth and specified in the document; and
        (b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the Company,
shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further proof.
(2) On the production of a document under subsection (1)-
        (a) the court before which it is produced shall, in the absence of evidence to the contrary, presume-
          (i) that it was signed at the time and place specified in it by a person authorized by the Company;
          (ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in it are true; and
          (iii) that the record of the facts stated in the document was made and compiled at the time stated in it;
        (b) the document shall be evidence of all other matters contained in it; and
        (c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in them.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.
(Added 29 of 1999 s. 2)