142Evidence

142 Evidence (1) The Director may certify, in writing, that: (a) a notification, report, or written report, under a provision of section 19BA of the Act has not been received by the Director; or (b) a written notice under a provision of section 19BC of the Act has not been received by the Director. (2) The Secretary may certify, in writing, that: (a) a licence, or other document, required to be surrendered to the Secretary under regulation 145 has not been so surrendered; or (b) a copy of the text of the Convention, or of an Annex to the Convention, that is annexed to the certificate is a true copy; or (c) a copy of a licence, notice, approval or other document that: (i) has been published, given or issued, as the case may be, under the Act or these Regulations; and (ii) is annexed to the certificate; is a true copy. (3) The Secretary, in a certificate under paragraph (2) (c), may certify that the document of which the document annexed to the certificate is certified to be a true copy was, on a specified date or between specified dates, posted to: (a) the defendant in a prosecution for an offence against the Act or these Regulations or in any proceedings for the recovery of moneys under the Act or these Regulations; or (b) the applicant or other specified person in any review, investigation or inquiry conducted or made under these Regulations. (4) The Secretary, or the officer having custody of the appropriate records of the Department, may, by writing under his hand, certify that, during a specified period or on a specified date: (a) a person was or was not licensed; (b) an airport was or was not established or provided, was or was not altered, abolished, removed, added to or altered in character or was or was not being provided, maintained or operated in a specified manner, in accordance with regulation 9; (c) a notice or approval required under the Act or these Regulations had or had not been issued under the Act or these Regulations; (d) a licence issued under these Regulations was or was not suspended, cancelled or endorsed with a specified endorsement; (e) an aircraft operator had or had not submitted: (i) a proposed aviation security program under section 22Q of the Act; or (ii) a revised program under section 22U of the Act; or (iii) a variation of an approved program under section 22V of the Act; or (f) an approved aviation security program was or was not in force under section 22S of the Act; or (g) an airport operator had or had not submitted: (i) a proposed airport security program under section 22ZC of the Act; or (ii) a revised program under section 22ZG of the Act; or (iii) a variation of an approved program under section 22ZH of the Act; or (h) an approved airport security program was or was not in force under section 22ZE of the Act. (5) In all courts and in any review, investigation or inquiry conducted or made under these Regulations, a certificate purporting to have been given under this regulation: (a) shall, unless the contrary is proved, be deemed to be a certificate given by a person empowered by this regulation to give the certificate; and (b) is evidence of the facts stated in the certificate, and, in the case of a certificate certifying that a document was posted to the defendant in a prosecution for an offence against the Act or these Regulations or in any proceedings for the recovery of moneys payable under the Act or these Regulations or an applicant or a specified person in any review, investigation or inquiry conducted or made under these Regulations, is evidence that the document was received by the defendant, applicant or specified person on or about the time at which it would have been received in the ordinary course of post.