95Evidentiary provisions

95 Evidentiary provisions (1) This section applies to a proceeding under this Act. (2) Unless a party, by reasonable notice, requires proof of: (a) the appointment of the Chief Executive Officer or an authorised officer or analyst; or

Marine Pollution Act 1999 60 (b) the authority of the Chief Executive Officer or an authorised officer to do anything under this Act, the appointment or authority is to be presumed. (3) A signature purporting to be the signature of the Chief Executive Officer, an authorised officer or analyst is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the Minister stating that a stated person is or was the Chief Executive Officer at a time or during a stated period is evidence of the matter stated in the certificate. (5) A certificate purporting to be signed by the Chief Executive Officer stating any of the following matters is evidence of the matter: (a) a stated document is: (i) an appointment or approval or a copy of an appointment or approval; (ii) a direction or decision, or a copy of a direction or decision, given or made under this Act; or (iii) a record or document, a copy of a record or document, or an extract from a record or 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 an approval or a stated approval; (c) a stated approval was or was not in force on a stated day or during a stated period; (d) on a stated day, a stated person was given a stated order or direction under this Act; (e) a stated amount is payable under this Act by a stated person and has not been paid; (f) a stated substance is a pollutant; (g) an instrument, equipment or installation was used in accordance with conditions prescribed by the Regulations for its use; (h) a type of document is a document prescribed in the Regulations.

Marine Pollution Act 1999 61 (6) In a complaint, a statement that the matter of the complaint came to the complainant's knowledge on a stated day is evidence of the matter. (7) The production by the prosecutor of a signed analyst's report stating any of the following matters is evidence of them: (a) the analyst took, or received from a stated person, the sample referred to in the report; (b) the analyst analysed the sample on a stated day, or during a stated period, and at a stated place; (c) the results of the analysis. (8) An instrument, equipment or installation prescribed by the Regulations that is used by an authorised officer or analyst in accordance with the conditions (if any) prescribed in the Regulations is taken to be accurate and precise in the absence of evidence to the contrary. (9) In a proceeding in which the Chief Executive Officer applies to recover the costs and expenses incurred by him or her in relation to the discharge of a pollutant, a certificate by the Chief Executive Officer stating that stated costs and expenses were incurred and the way and purpose for which they were incurred, is evidence of the matters stated in the certificate.