Explosives Act 2012

In any proceedings, the production of a certificate purporting to be signed by the Secretary and stating that, at a time specified in the certificate – a specified facility was or was not classified, or classifiable, as an explosives location or large explosives location under this Act; or a specified place was or was not an explosives location or large explosives location; or a specified facility or location was, either generally or in a particular way, operational; or a specified person was given a specified direction or notice under this Act; or a specified requirement was imposed on a specified person under this Act; or a specified person had or had not, to the Secretary's knowledge, been consulted about, or informed of, a matter under this Act; or a specified standard issued or published by Safe Work Australia, the ASCC, the NOHSC or Standards Australia or something in the standard was, or was not, in force – is evidence of the matters stated in the certificate.

In any proceedings, the production of a certificate purporting to be signed by the Secretary and stating that – a specified substance is (or was at a specified time) an explosive or an explosive of a particular class or specific kind; or a specified amount is payable under this Act by a specified person and has not been paid; or a specified document is – a direction, or a copy of a direction, given under this Act; or a decision or declaration, or a copy of a decision or declaration, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a copy of a receipt given 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 – is evidence of the matters stated in the certificate.

In any proceedings, the production of a report purporting to be signed by an analyst for the purposes of this Act and stating – that at a specified time the person took or received a specified sample from a specified person; and that at a specified time and place the person analysed the sample; and what the results of the analysis were – is evidence of the matters stated in the report.

In any proceedings, a document purporting to be published by or under the authority of Safe Work Australia, the ASCC, the NOHSC or Standards Australia is evidence of the matters appearing on and in the document.

In any proceedings, it is not necessary to prove – the appointment of the Secretary or an authorised officer; or an authorisation under section 31(6); or the authorisation or qualifications of an analyst.

In any proceedings – it is not necessary to prove the authority of the Secretary or an authorised officer to do anything under this Act; and a signature purporting to be that of the Secretary or an authorised officer is evidence of the signature it purports to be.

In this section – analyst means a person who is authorised under section 61 to perform analyses for the purposes of this Act;ASCC means the Australian Safety and Compensation Council, being the tripartite (government, employer and employee) body of that name that was established under the executive power of the Commonwealth (as the successor to the NOHSC) to – lead and coordinate national efforts to improve occupational health and safety and workers compensation arrangements; and declare national standards and codes of practice in relation to occupational health and safety matters; and provide government with policy advice on those matters;NOHSC means the National Occupational Health and Safety Commission (more commonly known as Worksafe Australia) established under the National Occupational Health and Safety Commission Act 1985 of the Commonwealth and abolished under the National Occupational Health and Safety Commission (Repeal, Consequential and Transitional Provisions) Act 2005 of the Commonwealth; proceedings means proceedings for an offence against this Act;Safe Work Australia means Safe Work Australia as established under section 5 of theSafe Work Australia Act 2008of the Commonwealth; specified, in relation to a certificate or report, means specified in the certificate or report;Standards Australia means Standards Australia International Ltd ACN 087 326 690; time means a time, a day or a period of time.