Land Public Transport Act 2010 · Updated to 1 Jul 2025 · Part XI · Information Gathering Powers and Enforcement Provisions
239. Presumptions
Feedback & supportIn any proceedings for an offence under this Act, in so far as it may be necessary to establish the offence charged, it shall be presumed until the contrary is proved—
that any conveyance of passengers in a public service vehicle, tourism vehicle or railway, as the case may be, was for hire or reward;
public service vehicle
“public service vehicle” means a motor vehicle categorised under any of the classes described in the First Schedule;
that any conveyance of goods in a goods vehicle or railway, as the case may be, was for hire or reward;
goods
“goods” means goods or any burden of any description, but excludes luggage;
that passengers carried in—
a public service vehicle were being carried in consideration of separate payments made by them;
a tourism vehicle were being carried in consideration of a single or separate payments made by them;
a railway were being carried in consideration of separate payments made by them;
that any person is not the holder of a vocational licence under Chapter 6 of Part IV;
person
“person” includes an individual person, company, partnership, and any other corporate and unincorporate body of persons;
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that any person is not the holder of a short term licence or short term operator’s licence under Part III; or
that any person is not the holder of a licence or operator’s licence under Part II, Part III or Part IV, as the case may be.