Fisheries Management Act 2007

In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—

that a person named in the certificate was or was not at a specified time the holder of a specified authority; or

that a provision set out in the certificate was at a specified time a condition of a specified authority; or

that a boat specified in the certificate was or was not at a specified time a registered boat; or

that a person specified in the certificate was or was not at a specified time a registered master in relation to a specified boat;

that an amount specified in the certificate was at a specified time the wholesale value of a specified species of aquatic resource;

that the Minister had or had not consented to the use of a boat specified in the certificate in the place of a specified registered boat at a specified time; or

that the Minister had or had not consented to a person specified in the certificate being in charge of a specified boat in the place of the registered master at a specified time, is, in the absence of proof to the contrary, proof of the matters certified.

In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by a fisheries officer certifying—

that aquatic resources taken by, or in the possession or control of, a specified person, was, on a specified day, of a specified weight, measure or count; and

that the weight, measure or count was determined by means of a prescribed procedure or by use of prescribed apparatus, is, in the absence of proof to the contrary, proof of the weight, measure or count of that aquatic resource.

In proceedings for an offence against this Act, an allegation in the complaint—

that a person named in the complaint was at a specified time a fisheries officer or scientific observer; or

that aquatic resources in relation to which any act or omission is alleged to have been done or made was an aquatic resource of a specified species, sex, size or weight, or was an aquatic resource having any other specified characteristic; or

that any purpose specified in the complaint was the purpose for which any act was done, is, in the absence of proof to the contrary, proof of the matter alleged.

In proceedings for an offence against this Act, if it is proved that an aquatic resource was in the possession or control of a person on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, it will be presumed, in the absence of proof to the contrary, that the aquatic resource was taken by that person from such waters or area of waters on that day.

In proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control any aquatic resource and a device capable of being used for taking such aquatic resource, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resource by means of that device on that day from such waters or area of waters.

In proceedings for an offence against this Act, if it is proved that an aquatic resource was in a boat on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, it will be presumed in the absence of proof to the contrary, that the boat was used for the purpose of taking the aquatic resource from such waters or area of waters on that day.

In proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control a device that is prohibited under this Act or the use of which is prohibited in such waters or area of waters, it will be presumed, in the absence of proof to the contrary, that the person had used that device for the purpose of taking aquatic resources in such waters or area of waters on that day.

In proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by a fisheries officer or any other competent person will, in the absence of proof to the contrary, be accepted as proof of the distance, height, depth or position.

In proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that a place or area described or indicated by him or her was within waters specified by or under this Act will, in the absence of proof to the contrary, be accepted as proof of the matter so stated.

In proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that any packaging, label, slip or mark on the outside or inside of a receptacle, container, box or package of aquatic resources consigned for or on sale was marked with or contained the name or brand of any person will, in the absence of proof to the contrary, be accepted as proof that person consigned those aquatic resources for or on sale.