s. 172 171 Recording of accident towing demerit points not admissible in evidence except in limited circumstances S. 171 The fact that accident towing demerit points are amended by recorded against a person is not admissible in No. 28/2009 s. 85(a). evidence except— (a) in proceedings in VCAT brought under section 172; or (b) if it is necessary to give evidence of that fact in order to establish— (i) that the person has been sent a notice S. 171(b)(i) amended by advising that the person had incurred No. 28/2009 s. 85(b). accident towing demerit points; or (ii) where the person is an accredited S. 171(b)(ii) substituted by person, that the accreditation of the No. 28/2009 person has been suspended under this s. 85(c). Act; or (iii) where the person is an accredited S. 171(b)(iii) substituted by person, that the person has been served No. 28/2009 s. 85(c). with a notice advising the person of suspension of accreditation. 172 Review by VCAT (1) A person may apply to VCAT for review of the decision by VicRoads to record accident towing demerit points in the Accident Towing Demerits Register against that person on the ground— (a) that VicRoads recorded accident towing demerit points other than as required by regulations made under this Act; or (b) that an error has been made in the addition of the number of accident towing demerit points incurred by the person in a relevant period.
171 Recording of accident towing demerit points not admissible in evidence except in limited circumstances S. 171 amended by No. 28/2009 s. 85(a). The fact that accident towing demerit points are recorded against a person is not admissible in evidence except— (a) in proceedings in VCAT brought under section 172; or (b) if it is necessary to give evidence of that fact in order to establish— S. 171(b)(i) amended by No. 28/2009 s. 85(b). (i) that the person has been sent a notice advising that the person had incurred accident towing demerit points; or S. 171(b)(ii) substituted by No. 28/2009 s. 85(c). (ii) where the person is an accredited person, that the accreditation of the person has been suspended under this Act; or S. 171(b)(iii) substituted by No. 28/2009 s. 85(c). (iii) where the person is an accredited person, that the person has been served with a notice advising the person of suspension of accreditation. 172 Review by VCAT s. 172 (1) A person may apply to VCAT for review of the decision by VicRoads to record accident towing demerit points in the Accident Towing Demerits Register against that person on the ground— (a) that VicRoads recorded accident towing demerit points other than as required by regulations made under this Act; or (b) that an error has been made in the addition of the number of accident towing demerit points incurred by the person in a relevant period.
07-30a013.docx