Occupational Licensing Act 2005

A certificate apparently issued under the authority of the Administrator and certifying that a specified person was, or was not, the licence holder of a particular class at a specified time or premises or for a specified period is admissible in proceedings under this Act – as evidence of the facts so certified; and if the certificate contains information about the terms and conditions of the licence, as evidence of the information contained in the certificate.

A certificate apparently issued under the authority of the Administrator and certifying that a specified licence was suspended, surrendered or cancelled on a particular date is admissible in proceedings under this Act as evidence of the fact so certified.

A certificate apparently issued under the authority of the Administrator and certifying that a notice, report or other document was, or was not, given or received at or before a specified time or at specified premises is admissible in proceedings under this Act as evidence of the fact so certified.

Where, in proceedings under this Act, an allegation in the complaint that, at a specified time or on specified premises, a person was an authorised officer is evidence of that fact.

In proceedings for an offence against this Act, an allegation in the complaint that, at a specified time or premises – a person, practitioner or building services provider was an employee; or a person, practitioner or building services provider was an employer; or a person was a holder of a contractor's licence; or a person was a practitioner or building services provider; or a notice was given under this Act; or a notice required to be given under this Act was not given; or a prescribed fee has not been paid; or a person was an authorised officer; or an authorised officer became aware of an act or omission alleged to constitute an offence – is evidence of that fact.

In proceedings under this Act, proof of the required insurance cover lies on the person or licence holder charged with the offence.

Where, in proceedings under this Act, it is alleged that a person contravened a provision of this Act in respect of which a code of practice was in effect at the time of the alleged contravention – if the code of practice refers to another document, any document purporting to be the document so referred to is admissible in evidence in those proceedings; and if the court is satisfied, in respect of any matter that it is necessary for the prosecution to prove in order to establish the alleged contravention, that – any provision of the code of practice is relevant to that matter; and the person failed at any material time to observe that provision of the code of practice – the matter is taken as proved unless the court is satisfied that, in respect of that matter, the person complied with the relevant provision of this Act otherwise than by way of observance of the relevant provision of the code of practice.

A document purporting to be published by or under the authority of a standards authority or to have effect under any other Act is, on its production in proceedings under this Act, evidence of the matters appearing in the document.

For the purposes of this section, a reference to a certificate includes a reference to a notice and an order.