QLDIn ForceAct
Fossicking Act 1994
sec.98Evidentiary provision
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### sec.98 Evidentiary provision
This section applies to a proceeding under this Act.
The appointment or power of an authorised officer must be presumed unless a party, by reasonable notice, requires proof of the appointment or the power of the authorised officer to do anything under this Act.
A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be—
the chief executive;
an authorised officer;
the chief executive of the department in which the Land Act 1962 is administered;
the person holding office in the department as chief government geologist.
A certificate, purporting to be signed by the chief executive of the department in which the Land Act 1962 is administered, stating that specified land is occupied land is evidence of the things stated.
A certificate purporting to be signed by a person mentioned in subsection (3) (d) and stating a substance is a mineral, gemstone, ornamental stone or fossil is evidence of the thing stated.
A certificate purporting to be signed by the chief executive or an authorised officer and stating any of the following matters is evidence of the matter—
a stated document is a copy of—
a licence or permit or a copy of a licence or permit; or
a direction, requirement or decision or a copy of a 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 a licence or permit;
a stated licence or permit was or was not in force on a stated day or during a stated period;
on a stated day—
a licence was suspended for a stated period; or
a licence or permit was cancelled;
on a stated day, a stated person was given a stated notice requirement or direction under this Act;
anything else prescribed by regulation.
(sec.98-ssec.1) This section applies to a proceeding under this Act.
(sec.98-ssec.2) The appointment or power of an authorised officer must be presumed unless a party, by reasonable notice, requires proof of the appointment or the power of the authorised officer to do anything under this Act.
(sec.98-ssec.3) A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be— the chief executive; an authorised officer; the chief executive of the department in which the Land Act 1962 is administered; the person holding office in the department as chief government geologist.
(sec.98-ssec.4) A certificate, purporting to be signed by the chief executive of the department in which the Land Act 1962 is administered, stating that specified land is occupied land is evidence of the things stated.
(sec.98-ssec.5) A certificate purporting to be signed by a person mentioned in subsection (3) (d) and stating a substance is a mineral, gemstone, ornamental stone or fossil is evidence of the thing stated.
(sec.98-ssec.6) A certificate purporting to be signed by the chief executive or an authorised officer and stating any of the following matters is evidence of the matter— a stated document is a copy of— a licence or permit or a copy of a licence or permit; or a direction, requirement or decision or a copy of a 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 a licence or permit; a stated licence or permit was or was not in force on a stated day or during a stated period; on a stated day— a licence was suspended for a stated period; or a licence or permit was cancelled; on a stated day, a stated person was given a stated notice requirement or direction under this Act; anything else prescribed by regulation.
- (a) the chief executive;
- (b) an authorised officer;
- (c) the chief executive of the department in which the Land Act 1962 is administered;
- (d) the person holding office in the department as chief government geologist.
- (a) a stated document is a copy of— (i) a licence or permit or a copy of a licence or permit; or (ii) a direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or (iii) a notice, or a copy of a notice, given under this Act; or (iv) a record, or a copy of a record, kept under this Act; or (v) a document, or a copy of a document, kept under this Act;
- (i) a licence or permit or a copy of a licence or permit; or
- (ii) a direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or
- (iii) a notice, or a copy of a notice, given under this Act; or
- (iv) a record, or a copy of a record, kept under this Act; or
- (v) a document, or a copy of a document, kept under this Act;
- (b) on a stated day, or during a stated period, a stated person was or was not the holder of a licence or permit;
- (c) a stated licence or permit was or was not in force on a stated day or during a stated period;
- (d) on a stated day— (i) a licence was suspended for a stated period; or (ii) a licence or permit was cancelled;
- (i) a licence was suspended for a stated period; or
- (ii) a licence or permit was cancelled;
- (e) on a stated day, a stated person was given a stated notice requirement or direction under this Act;
- (f) anything else prescribed by regulation.
- (i) a licence or permit or a copy of a licence or permit; or
- (ii) a direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or
- (iii) a notice, or a copy of a notice, given under this Act; or
- (iv) a record, or a copy of a record, kept under this Act; or
- (v) a document, or a copy of a document, kept under this Act;
- (i) a licence was suspended for a stated period; or
- (ii) a licence or permit was cancelled;