sec.491AFurther special evidentiary provisions for noise

### sec.491A Further special evidentiary provisions for noise This section applies if, in a proceeding, whether criminal or civil, relating to an offence against this Act, it is claimed audible noise was made. If it is claimed the noise was made from a particular person, place or thing (the alleged source )— an individual (the occupier ) who was, when the noise was made (the relevant time ), an occupier of a building may give evidence that— the occupier could, at the relevant time, hear the noise at the building; and the occupier formed the opinion, based on the occupier’s own senses, that the noise was made from the alleged source and travelled to the building; and an authorised person who, at the relevant time, was present at the building with the occupier and could hear the noise at the building may give evidence— that the authorised person could, at the relevant time, hear the noise at the building; and that the authorised person formed the opinion, based on the person’s own senses, that the noise was made from the alleged source and travelled to the building. Evidence may be given under subsection (2) (b) — without any need to call the occupier; and whether or not other audible noise was made to the building from a person, place or thing other than the alleged source. Opinion evidence mentioned in this section may be given without any need to call further opinion evidence. Evidence mentioned in this section may be given without any requirement for the noise to have been measured. If the noise is established as audible noise, the rate of its audibility is not required to be established. The noise may be measured in a way prescribed under a regulation. s 491A ins 2008 No. 52 s 53 amd 2024 No. 30 s 43 (sec.491A-ssec.1) This section applies if, in a proceeding, whether criminal or civil, relating to an offence against this Act, it is claimed audible noise was made. (sec.491A-ssec.2) If it is claimed the noise was made from a particular person, place or thing (the alleged source )— an individual (the occupier ) who was, when the noise was made (the relevant time ), an occupier of a building may give evidence that— the occupier could, at the relevant time, hear the noise at the building; and the occupier formed the opinion, based on the occupier’s own senses, that the noise was made from the alleged source and travelled to the building; and an authorised person who, at the relevant time, was present at the building with the occupier and could hear the noise at the building may give evidence— that the authorised person could, at the relevant time, hear the noise at the building; and that the authorised person formed the opinion, based on the person’s own senses, that the noise was made from the alleged source and travelled to the building. (sec.491A-ssec.3) Evidence may be given under subsection (2) (b) — without any need to call the occupier; and whether or not other audible noise was made to the building from a person, place or thing other than the alleged source. (sec.491A-ssec.4) Opinion evidence mentioned in this section may be given without any need to call further opinion evidence. (sec.491A-ssec.5) Evidence mentioned in this section may be given without any requirement for the noise to have been measured. (sec.491A-ssec.6) If the noise is established as audible noise, the rate of its audibility is not required to be established. (sec.491A-ssec.7) The noise may be measured in a way prescribed under a regulation. - (a) an individual (the occupier ) who was, when the noise was made (the relevant time ), an occupier of a building may give evidence that— (i) the occupier could, at the relevant time, hear the noise at the building; and (ii) the occupier formed the opinion, based on the occupier’s own senses, that the noise was made from the alleged source and travelled to the building; and - (i) the occupier could, at the relevant time, hear the noise at the building; and - (ii) the occupier formed the opinion, based on the occupier’s own senses, that the noise was made from the alleged source and travelled to the building; and - (b) an authorised person who, at the relevant time, was present at the building with the occupier and could hear the noise at the building may give evidence— (i) that the authorised person could, at the relevant time, hear the noise at the building; and (ii) that the authorised person formed the opinion, based on the person’s own senses, that the noise was made from the alleged source and travelled to the building. - (i) that the authorised person could, at the relevant time, hear the noise at the building; and - (ii) that the authorised person formed the opinion, based on the person’s own senses, that the noise was made from the alleged source and travelled to the building. - (i) the occupier could, at the relevant time, hear the noise at the building; and - (ii) the occupier formed the opinion, based on the occupier’s own senses, that the noise was made from the alleged source and travelled to the building; and - (i) that the authorised person could, at the relevant time, hear the noise at the building; and - (ii) that the authorised person formed the opinion, based on the person’s own senses, that the noise was made from the alleged source and travelled to the building. - (a) without any need to call the occupier; and - (b) whether or not other audible noise was made to the building from a person, place or thing other than the alleged source.