sec.77Evidentiary provisions

### sec.77 Evidentiary provisions In a proceeding under this Act, a statement by the prosecution that the register— at a particular date contained particular information, including information that a stated person was a reportable offender; or indicated that, during a particular period, a specified person failed to notify information as required by this Act; is evidence of the stated matters. For this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence of the facts stated in the certificate. In a proceeding under this Act, a statement by the prosecution about the following matters is evidence of the matters— a stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date; a stated process server was authorised to serve a stated corresponding order; the respondent for an offender prohibition order, or corresponding order, was present in court when the order was made; the respondent for a registered corresponding order was present in court when the order was registered; a stated person was given a stated reporting obligations notice by a stated police officer on a stated date. In a proceeding under this Act— an affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and an affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters. If a defendant intends to challenge a matter stated in either of the following paragraphs at a hearing in a proceeding for an offence against this part, the defendant must give written notice of the challenge to the prosecution at least 3 business days before the day fixed for the hearing— a statement mentioned in subsection (3) ; an affidavit mentioned in subsection (4) . In this section— court , in relation to the making of a corresponding order, means any court of another jurisdiction that made the corresponding order. process server means— a police officer; or in relation to a registered corresponding order— a member of the police force of the jurisdiction where the corresponding order was made; or another person authorised under the law of that jurisdiction to serve the corresponding order. s 77 amd 2014 No. 34 s 30 ; 2017 No. 14 s 35 ; 2023 No. 21 s 37 (sec.77-ssec.1) In a proceeding under this Act, a statement by the prosecution that the register— at a particular date contained particular information, including information that a stated person was a reportable offender; or indicated that, during a particular period, a specified person failed to notify information as required by this Act; is evidence of the stated matters. (sec.77-ssec.2) For this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence of the facts stated in the certificate. (sec.77-ssec.3) In a proceeding under this Act, a statement by the prosecution about the following matters is evidence of the matters— a stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date; a stated process server was authorised to serve a stated corresponding order; the respondent for an offender prohibition order, or corresponding order, was present in court when the order was made; the respondent for a registered corresponding order was present in court when the order was registered; a stated person was given a stated reporting obligations notice by a stated police officer on a stated date. (sec.77-ssec.4) In a proceeding under this Act— an affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and an affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters. (sec.77-ssec.5) If a defendant intends to challenge a matter stated in either of the following paragraphs at a hearing in a proceeding for an offence against this part, the defendant must give written notice of the challenge to the prosecution at least 3 business days before the day fixed for the hearing— a statement mentioned in subsection (3) ; an affidavit mentioned in subsection (4) . (sec.77-ssec.6) In this section— court , in relation to the making of a corresponding order, means any court of another jurisdiction that made the corresponding order. process server means— a police officer; or in relation to a registered corresponding order— a member of the police force of the jurisdiction where the corresponding order was made; or another person authorised under the law of that jurisdiction to serve the corresponding order. - (a) at a particular date contained particular information, including information that a stated person was a reportable offender; or - (b) indicated that, during a particular period, a specified person failed to notify information as required by this Act; - (a) a stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date; - (b) a stated process server was authorised to serve a stated corresponding order; - (c) the respondent for an offender prohibition order, or corresponding order, was present in court when the order was made; - (d) the respondent for a registered corresponding order was present in court when the order was registered; - (e) a stated person was given a stated reporting obligations notice by a stated police officer on a stated date. - (a) an affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and - (b) an affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters. - (a) a statement mentioned in subsection (3) ; - (b) an affidavit mentioned in subsection (4) . - (a) a police officer; or - (b) in relation to a registered corresponding order— (i) a member of the police force of the jurisdiction where the corresponding order was made; or (ii) another person authorised under the law of that jurisdiction to serve the corresponding order. - (i) a member of the police force of the jurisdiction where the corresponding order was made; or - (ii) another person authorised under the law of that jurisdiction to serve the corresponding order. - (i) a member of the police force of the jurisdiction where the corresponding order was made; or - (ii) another person authorised under the law of that jurisdiction to serve the corresponding order.