Certificates are evidence
13 Certificates are evidence
S. 13(1) amended by No. 37/2014 s. 10(Sch. item 122.4).
In a prosecution for an offence under this Act or any other Act or law, a certificate which purports to be signed by a presiding officer, the Usher of the Black Rod of the Legislative Council, the Serjeant-at-Arms of the Legislative Assembly, the Clerk of the Legislative Council, the Clerk of the Legislative Assembly, the Deputy Clerk of the Legislative Council or the Deputy Clerk of the Legislative Assembly stating that a police officer or a protective services officer—
in performing any function which is the subject of a memorandum of understanding, was authorised to perform that function by the memorandum; and
that the function which is the subject of a memorandum of understanding was or was not subject to a condition or direction applying to the exercise of that function—
is evidence, and, in the absence of evidence to the contrary, is proof, that the police officer or protective services officer was so authorised and that the function was or was not subject to that condition or direction.
All courts must take judicial notice of the signature of the presiding officer, the Usher of the Black Rod of the Legislative Council, the Serjeant-at-Arms of the Legislative Assembly, the Clerk of the Legislative Council, the Clerk of the Legislative Assembly, the Deputy Clerk of the Legislative Council or the Deputy Clerk of the Legislative Assembly (as the case requires) on a certificate referred to in subsection (1).
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.