sec.133Evidentiary provision

sec.133 Evidentiary provision

This section applies to a proceeding under this Act. The appointment or power of an inspector or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of— the appointment; or the inspector’s power or the authorised officer’s power to do anything under this Act. A signature purporting to be the signature of the CEO, the WHS prosecutor, the chief inspector, an inspector or an authorised officer is evidence of the signature it purports to be. A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter— a stated document is— an authority or a copy of an authority; or a security clearance or a copy of a security clearance; or an order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; on a stated day, or during a stated period, a stated person was or was not the holder of— an authority or a stated authority; or a security clearance or a stated security clearance; a stated authority, security clearance or determination was or was not in force on a stated day or during a stated period; on a stated day, an authority, security clearance or determination was— suspended for a stated period; or cancelled; on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; a stated fee or other amount is payable by a stated person and has not been paid; anything else prescribed under a regulation. s 133 amd 2010 No. 17 s 43 ; 2019 No. 7 s 88 ; 2020 No. 10 s 99 (sec.133-ssec.1) This section applies to a proceeding under this Act. (sec.133-ssec.2) The appointment or power of an inspector or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of— the appointment; or the inspector’s power or the authorised officer’s power to do anything under this Act. (sec.133-ssec.3) A signature purporting to be the signature of the CEO, the WHS prosecutor, the chief inspector, an inspector or an authorised officer is evidence of the signature it purports to be. (sec.133-ssec.4) A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter— a stated document is— an authority or a copy of an authority; or a security clearance or a copy of a security clearance; or an order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; on a stated day, or during a stated period, a stated person was or was not the holder of— an authority or a stated authority; or a security clearance or a stated security clearance; a stated authority, security clearance or determination was or was not in force on a stated day or during a stated period; on a stated day, an authority, security clearance or determination was— suspended for a stated period; or cancelled; on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; a stated fee or other amount is payable by a stated person and has not been paid; anything else prescribed under a regulation.