123Simplification of proof

123 Simplification of proof (1) Any person having in a boat, any fish and commercial fishing equipment is deemed, until the contrary is proved, to have taken the fish by the use of that commercial fishing equipment and to have taken those fish for sale. (2) Any person having in a boat any abalone and commercial abalone equipment is deemed, until the contrary is proved, to have taken the abalone by the use of that commercial abalone equipment and to have taken those abalone for sale. S. 123(3) amended by No. 5/1997 s. 24(2)(a). (3) If the taking of a particular species of fish from Victorian waters is prohibited by the regulations or a fisheries notice, any person proved to have a fish of that species in his or her possession on, in or in proximity to Victorian waters is deemed, until the contrary is proved, to have taken that fish from those Victorian waters. S. 123(4) amended by No. 5/1997 s. 24(2)(a)(b). (4) A certificate signed or appearing to be signed by an authorised officer to the effect that any fish, protected aquatic biota or noxious aquatic species described in the certificate is of a species stated in the certificate is evidence and, in the absence of evidence to the contrary, is proof of the facts stated in the certificate. S. 123(5) amended by No. 5/1997 s. 24(2)(a). (5) If a minimum permissible measure is fixed under the regulations or a fisheries notice in respect of fish of any species, any person proved to have any undersized fish of that species in his or her possession in proximity to any Victorian waters is deemed, until the contrary is proved, to have taken that fish from those Victorian waters. (6) If the use in any Victorian waters of any particular class or kind of fishing equipment is prohibited by the regulations or a fisheries notice, any person proved to have in his or her possession fish and any prohibited fishing equipment in proximity to those waters is deemed, until the contrary is proved, to have used that equipment to take those fish. (7) If the use in any Victorian waters of any particular class or kind of fishing equipment is prohibited by the regulations or a fisheries notice, any person proved to have any of such equipment in his or her possession in proximity to those waters is deemed, until the contrary is proved, to have used that equipment in those waters. S. 123(8) amended by Nos 5/1997 s. 24(2)(c), 56/2003 s. 4, 68/2016 s. 111. (8) If a licence holder is required under this Act to send a document or to provide information to the chief executive officer, whether by post, facsimile or other means, a statement in writing purporting to be signed by the chief executive officer that he or she did not receive the document or information is evidence until the contrary is proved, that the document or information was not sent. S. 123(9) inserted by No. 5/1997 s. 24(3). (9) A certificate signed or appearing to be signed by an authorised officer certifying— (a) that a particular conversion factor is the relevant conversion factor in the relevant circumstances; and (b) as to the effect of applying that conversion factor to those circumstances— is evidence, and in the absence of evidence to the contrary, is proof of the facts stated in the certificate. S. 123(10) inserted by No. 5/1997 s. 24(3). (10) For the purposes of this section, if a certificate purports to be signed by an authorised officer and there is no evidence to the contrary, it is not necessary to prove— (a) that the person who signed the certificate is an authorised officer; or (b) that the signature is the signature of the authorised officer. S. 123(11) inserted by No. 5/1997 s. 24(3), amended by No. 68/2009 s. 97(Sch. item 58.4). (11) No evidence to the contrary for the purposes of subsection (10) is admissible unless, at least 7 days before the hearing, the accused gave the informant written notice that he or she intended to challenge the status or identity of the person who purported to sign the certificate. S. 123A inserted by No. 5/1997 s. 25.