Evidentiary provisions
201 Evidentiary provisions
This section applies to a proceeding under this Act or another Act prescribed by regulation.
Unless a party, by reasonable notice, requires proof of—
the appointment of the chief executive, the general manager, a harbour master or a shipping inspector; or
the authority of the chief executive, the general manager, a harbour master or a shipping inspector to do anything under this Act;
the appointment or authority must be presumed.
A signature purporting to be the signature of the chief executive, the general manager, a harbour master or a shipping inspector is evidence of the signature it purports to be.
A certificate purporting to be signed by the chief executive, the general manager, a harbour master or a shipping inspector and stating any of the following matters is evidence of the matter—
a specified document is—
an approval or a copy of an approval; or
a direction or decision, or a copy of a direction or decision, given or made under this Act; or
a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;
on a specified day, or during a specified period, a specified person was or was not the holder of an approval or a specified approval;
a specified approval was or was not in force on a specified day or during a specified period;
on a specified day, a specified approval—
was suspended for a specified period; or
was cancelled;
on a specified day, a specified person was given a specified direction under this Act;
a specified fee or other amount is payable under this Act by a specified person and has not been paid.
A certificate purporting to be signed by the chief executive, the general manager or a shipping inspector certifying that a laser speed detection device (device) has been—
tested at a specified time—
in accordance with the appropriate Australian Standard that was in force at the time; or
if there was no appropriate standard—in accordance with the manufacturer’s specifications; and
found to produce accurate results at the specified time;
is evidence of the matters stated and evidence that the device was producing accurate results at the time of testing and for 1 year after the time.
A certificate purporting to be signed by a shipping inspector stating that a specified device was used by the inspector—
at a specified time; and
in accordance with—
the appropriate Australian Standard that was in force at the time; or
if there was no appropriate standard—the manufacturer’s specifications;
is evidence of the matters stated.
If a defendant intends to challenge—
the accuracy of a device; or
the time at which, or the way in which, the device was used;
at the hearing of a charge against the defendant under an Act mentioned in subsection (1), the defendant must give written notice of the challenge to the prosecution (challenge notice).
The challenge notice must be—
signed by the defendant; and
given at least 14 days before the day fixed for the hearing.
A statement in a complaint for an offence against this Act that a person is or is not, or was or was not, at any time or date stated in the complaint of, under or over a stated age is evidence of the matter stated, and in the absence of evidence to the contrary is conclusive evidence of the matter.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
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