Evidentiary certificates
264 Evidentiary certificates
In this section—
designated official means—
the
Minister; or
the
Chief Executive; or
a
Chief Officer;
given includes served;
instrument includes, but is not limited to, an emergency order, a control order, a biosecurity direction or a biosecurity certificate.
A certificate issued by a designated official and that states any of the following matters is admissible as evidence in any legal proceedings as evidence of the matters so certified:
that an instrument was issued, made, granted or given under this Act, or signed, on a specified day, by a specified person;
the terms of any instrument issued, made, granted or given, or purported to be issued, made, granted or given, under this Act, as in force on a specified day or during a specified period;
that an instrument issued, made, granted or given under this Act was amended, varied or revoked, the day on which it was amended, varied or revoked, and the terms of any amendment or variation;
that a person was, on a specified day or during a specified period—
a
Chief Officer; or
a
Deputy Chief Officer; or
an authorised officer; or
an authorised analyst;
the terms of, and any conditions of or limitations on, the following, as in force on a specified day or during a specified period:
a person's appointment as an authorised officer or authorised analyst;
an approval that authorises an authorised officer to perform the functions of a biosecurity auditor or biosecurity certifier;
that a function or power was delegated under this Act, including the following:
the person or persons to whom the function or power was delegated;
the date of the delegation;
the period during which the delegation had effect;
the terms of the delegation, including any conditions or limitations on the delegation;
that a specified instrument was or was not, on a specified day, registered under Part 3
Division 6;
that a person who issued, made, granted or gave, or purported to issue, make, grant or give, an instrument under this Act was the holder of a specified office on a specified day or during a specified period;
the terms of any approved form, on a specified day or during a specified period;
the terms of any application made under this Act;
that a person was or was not, on a specified day or during a specified period—
a registered entity; or
an accreditation authority; or
a biosecurity auditor; or
a biosecurity certifier;
the terms of, and any conditions of or limitations on, the following, as in force on a specified day or during a specified period:
a person's biosecurity registration;
a person's approval as an accreditation authority;
a person's appointment as a biosecurity auditor;
a person's accreditation as a biosecurity certifier;
the suspension or cancellation of any of the following on a specified day:
a person's biosecurity registration;
a person's approval as an accreditation authority;
a person's appointment as a biosecurity auditor;
a person's accreditation as a biosecurity certifier;
that a person was or was not, on a specified day or during a specified period, the holder of a permit under this Act;
the terms of, and any conditions of or limitations on, a permit, as in force on a specified day or during a specified period;
the suspension or cancellation of any permit;
that a specified authorised officer gave a specified person a written biosecurity direction on a specified day, and the terms of that biosecurity direction;
that a report or document on a biosecurity audit was received by the
Chief Executive on a particular day, and the particulars of any report or document so received;
that a notice or other information was provided by a person to the Chief
Executive, or any other person authorised by or under this Act to receive the notice or information, on a specified date, and particulars of the notice or information so provided;
that a notice or other information had not been received by the Chief
Executive, a Chief Officer, a Deputy Chief Officer, or an authorised officer, by a specified date;
that a person was, on a specified date, directed to engage a biosecurity auditor to perform a biosecurity audit;
that a particular code or other traceability system, as recognised under the regulations, had been issued or applied in respect of a particular person, property, animal or plant, and whether the code or other traceability system was active on a specified day;
the amount of costs or expenses incurred in taking specified action;
that an amount payable under this Act by a specified person has, or has not been, paid.
The evidence under subsection (2) constitutes proof of a matter that has been certified in the absence of proof to the contrary.
For the purposes of this section, a document purporting to be a certificate of a designated official issued under this section is to be taken to be such a certificate in the absence of proof to the contrary.
This Act’s bill:Second reading speech
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