Public Transport Council Act 1987 · 2020 Revised Edition · Part 9 · Public Transport Officials
55. Evidentiary provisions in proceedings for bus fare or train fare evasion
Feedback & supportLast amended by an amending law of 2015.
If a fact relating to a smartcard ticket is relevant in proceedings relating to an offence under section 54, evidence of that fact as indicated or determined by —
ticket
“ticket” means any form of authorisation, issued for the conveyance of any passenger on a rapid transit system or on any bus operated by a public bus operator, or both;
a prescribed device that was used in the prescribed manner (if any); or
a printed document that was produced by a prescribed process,is admissible in evidence in those proceedings.
For the purposes of this section, a fact relates to a smartcard ticket if it relates to —
the smartcard ticket itself, including its type, identifying numbers and manner of acquisition;
the holder of the smartcard ticket;
the existence, or possible existence, of an entitlement to use a bus service or train service; or
the use of the smartcard ticket.
A certificate purporting to be issued by a public transport official who used a smartcard reader to read, copy or transfer information from a smartcard ticket produced to the public transport official for inspection certifying as to the information read, copied or transferred from the smartcard ticket in relation to all or any of the following matters:
public transport official
“public transport official” means an individual appointed by the Council as a public transport official under section 51;
the smartcard ticket number;
the smartcard ticket type;
the name of the smartcard ticket holder;
the use of the smartcard ticket;
the entitlement to use a bus service or train service,is admissible in evidence in any proceedings relating to an offence under section 54.
Subject to subsection (10), if a certificate is issued under subsection (3) in respect of a smartcard ticket, it is presumed for the purposes of any proceedings relating to an offence under section 54 that the smartcard ticket had accurately recorded and discharged the information recorded, copied or transferred from it by the smartcard reader.
smartcard reader
“smartcard reader” means a device or combination of devices that is capable of electronically reading, recording and processing information from a ticket that is a smartcard, and copying or transferring information from the smartcard and storing and displaying the information in legible form;
Subject to subsection (10), if the prosecution, in proceedings relating to an offence under section 54 serves on the accused, by the required time, a copy of a certificate referred to in subsection (3), the certificate is conclusive proof of —
the facts and matters stated in that certificate;
the fact that the smartcard reader used was a prescribed device;
the fact that the smartcard reader was used in the prescribed manner (if any); and
the fact that the smartcard reader had operated correctly.
Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 54 serves on the accused, within the required time, a notice setting out the presumptions set out in subsection (4), the facts that are the subject of the presumptions are to be taken to have been conclusively proved.
A certificate purporting to be issued by a person authorised by the Chief Executive certifying that —
Chief Executive
“Chief Executive” means the Chief Executive of the Council, and includes any individual acting in that capacity;
at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or
at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process,is admissible in evidence in any proceedings relating to an offence under section 54.
Subject to subsection (10), if the prosecution in proceedings relating to an offence under section 54 serves on the accused, within the required time, a copy of a certificate referred to in subsection (7), the certificate is conclusive proof —
that the person giving the certificate was authorised to do so;
in the case of a certificate under subsection (7)(a), of —
the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and
the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and
in the case of a certificate under subsection (7)(b), of —
the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and
the facts indicated or determined by the printed documents.
In this section, “required time” means no less than 56 days before the hearing for the relevant offence under section 54.
The accused in any proceedings relating to an offence under section 54 may give written notice to the prosecution at least 28 days before the hearing, or any shorter period ordered by the court or agreed to by the prosecution, that —
the accused requires the person giving a certificate referred to in subsection (3) or (7) to be called as a witness;
the accused intends to adduce evidence in rebuttal of any fact or matter contained in the certificate; or
the accused intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in subsection (4).
To avoid doubt, nothing in this section prevents the prosecution adducing evidence to explain any fact or matter contained in a certificate referred to in this section.[24CB