Proof of permits, certificates, building orders, declarations, obtained records, approved forms
140 Proof of permits, certificates, building orders, declarations, obtained records, approved forms
In any proceedings under this Act the contents, as at any date or during any period, of a building permit, demolition permit, occupancy permit or building approval certificate granted by a permit authority, or a building order made by a permit authority, including the conditions applying to any such thing, may be proved by tendering a copy of it certified by an authorised certifier to be a true copy of it as at that date or during that period.
In subsection (1) —
authorised certifier, in relation to a permit authority —
that is the State means the Minister or a person acting with the Minister’s authority;
that is a special permit authority means a person acting with the special permit authority’s authority;
that is a local government means the chief executive officer of the local government or a person acting with the chief executive officer’s authority.
In proceedings for an offence against this Act the contents, as at any date or during any period, of a declaration under section 39(2), including the conditions applying to it, may be proved by tendering a copy of it certified by the Building Commissioner to be a true copy of it as at that date or during that period.
In proceedings for an offence against this Act a copy of a record obtained by an authorised person under section 101(1)(i) or 102(1)(b) is admissible in evidence if it is certified by the authorised person as having been obtained under that section.
In the absence of evidence to the contrary, proof is not required in any proceedings under this Act that what purports to be an approved form is the approved form that it purports to be.
[Section 140 amended: No. 37 of 2012 s. 27.]
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