sec.34Evidence, etc.

sec.34 Evidence, etc.

In any proceedings under or for a purpose of this Act— the appointment of a person to an office and the authority of an officer to do any act or give any direction shall be presumed in the absence of evidence to the contrary; or a certificate purporting to be signed by the standards officer and stating any of the following matters is evidence of the matter— on a stated day, or during a stated period, a chemical product mentioned in the certificate was or was not a registered chemical product; on a stated day, or during a stated period, a chemical mentioned in the certificate was a controlled or unregistered chemical; on a stated day, or during a stated period, a label mentioned in the certificate was or was not an approved label for containers for a chemical product; on a stated day, or during a stated period, a permit mentioned in the certificate was or was not in force; a statement mentioned in the certificate is identical to an instruction that appeared on an approved label mentioned in the certificate on a stated day, or during a stated period; a notice mentioned in the certificate was given under this Act at a stated time to a stated person; or a document purporting to be a copy of a notice given under this Act shall be evidence of the matters contained in the original of which it purports to be a copy; or a document purporting to be a copy or extract of any account, book, invoice, record or other document relating to the sale or use of any chemical, agricultural produce, manufactured stock food, plant, trade species animal, product derived from a trade species animal, fertiliser or other substance shall be evidence of the matters contained in the original of which it purports to be a copy or extract; or any photograph, film or audio or visual recording purporting to record any things, words or actions in respect of the sale or use of any chemical, agricultural produce, manufactured stock food, plant, trade species animal, product derived from a trade species animal, fertiliser or other substance shall be evidence of the matters recorded; or the allegation or averment in any complaint that— any chemical was used by or was in possession of a specified person; or any substance is a chemical; shall be evidence of the matter alleged or averred; or proof that a person has caused an advertisement to be inserted in a newspaper circulating in the State or in a circular, catalogue, leaflet, pamphlet or other document published or distributed in the State which advertisement contains any direction, claim or recommendation in respect of a chemical shall be evidence that the person caused the direction to be given or the claim or recommendation to be made; or a direction, recommendation or claim in respect of the use of a chemical appearing on a label affixed to or inserted in a package containing a chemical shall be taken to have been given or made by the person who affixed the label to or inserted it in the package or who caused it to be so affixed or inserted; or a certificate purporting to be signed by the standards officer that any costs, charges, or expenses of an amount stated have been incurred by the standards officer or an inspector under and for the purposes of this Act or are due for supervision by an inspector, shall be evidence that the costs, charges, or expenses were duly incurred or are so due and that the amount thereof so stated is the correct amount; or evidence that agricultural produce, manufactured stock food, the tissue of a trade species animal or a product derived from a trade species animal (each a relevant thing ), or a portion or sample of the relevant thing, has in or on it the residue of a registered chemical product in an amount more than the maximum residue limit prescribed for the relevant thing is evidence that the chemical product was used in a way that is not in accordance with the instructions on the approved label for containers for the chemical product. s 34 amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 28 ; 2014 No. 7 s 526