Radiation Protection and Control Act 2021

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

that a person named holds or held at a specified time a specified office or position; or

that a person named was at a specified time an authorised officer; or

that a person named was or was not at a specified time the holder of a specified accreditation, authorisation or permit; or

that a specified substance was or was not at a specified time a radioactive material of a specified class; or

that specified apparatus was or was not at a specified time radiation apparatus of a specified class, is, in the absence of proof to the contrary, taken to be proved.

In any proceedings, a certificate executed by the Minister certifying as to a matter relating to—

an accreditation, authorisation or permit; or

the appointment or non‑appointment of a person as an authorised officer; or

a delegation or authority under this Act; or

a notice, order or authorisation of the Minister under this Act; or

any other decision of the Minister; or

the receipt or non‑receipt by the Minister of a notification or information required to be given or furnished to the Minister under this Act, constitutes proof of the matters so certified in the absence of proof to the contrary.

In any proceedings, an apparently genuine document purporting to be an authorisation, notice, order, certificate or other document, or a copy of an authorisation, notice, order, certificate or other document, issued or executed by the Minister or an authorised officer will be accepted as such in the absence of proof to the contrary.

In proceedings for an offence against this Act, a condition of an accreditation or authorisation or the terms of a direction or other notice under this Act may be proved by production of an apparently genuine document purporting to be a copy of the condition, direction, or other notice certified by the Minister or an officer authorised under this Act to impose the condition or give the direction or notice.

In any proceedings for an offence against this Act, a certificate of an authorised officer certifying that, at a specified time—

a specified vehicle was stopped or parked in a specified place; or

a specified person was the owner of a specified vehicle, constitutes proof of the matters so specified in the absence of proof to the contrary.

In any proceedings for the recovery of reasonable costs and expenses incurred by the Minister under this Act, a certificate executed by the Minister detailing the costs and expenses and the purpose for which they were incurred constitutes proof of the matters so certified in the absence of proof to the contrary.

If in any proceedings under Part 7 or in proceedings for an offence against this Act it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer or a person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of proof to the contrary.

In any proceedings, a certificate of compliance executed by the holder of an accreditation that authorises the issue of such a certificate certifying as to a matter relating to the compliance of a radiation source with this Act will be accepted as proof of the matter so certified in the absence of proof to the contrary.