133Proof of certain matters not required

#### 133 Proof of certain matters not required 133 Proof of certain matters not required > > (1) A certificate signed or purporting to be signed by the Minister, Transport for NSW or an officer prescribed by the regulations and stating that— > > > > > (a) a person named in the certificate was or was not at a specified time the holder of a marine safety licence or exemption under the marine legislation of a specified kind, or > > > > > (b) any such licence or exemption held by a specified person was or was not subject to a specified condition, or > > > > > (c) any such licence that had been suspended or cancelled has not been delivered to the Minister or Transport for NSW, or > > > > > (d) any such licence was or was not suspended or cancelled, or > > > > > (e) a person named in the certificate is or was disqualified from holding a marine safety licence and the circumstances of any such disqualification, or > > > > > (f) a vessel named in the certificate was or was not registered under this Act, > > > > is admissible in any legal proceedings and is evidence of the matters stated in the certificate. > > > (2) In any legal proceedings under the marine legislation, proof is not required (until evidence is given to the contrary) of the following— > > > > > (a) any order of the Minister, Transport for NSW or Port Authority of New South Wales, > > > > > (b) the fact that a vessel is subject to a provision of the marine legislation in question, > > > > > (c) the fact that the defendant is, or at any relevant time was, the master or operator of any vessel in question, > > > > > (d) the fact that the defendant is, or at any relevant time was, the relevant owner or agent of any vessel in question, > > > > > (e) the fact that, at any relevant time, any vessel was not used solely for recreational or sporting purposes or was used for commercial purposes, > > > > > (f) the fact that any vessel was, at any relevant time, of such a tonnage or length that any provision of the marine legislation applied to it, > > > > > (g) the appointment of any person under the marine legislation, > > > > > (h) the particular or general appointment of a member of staff of Transport for NSW to take proceedings against a person for an offence against the marine legislation, > > > > > (i) the particular or general appointment of a person to recover any amount payable to the Minister or Transport for NSW, > > > > > (j) the fact that the defendant is, or at any relevant time was, the owner or occupier of, or in possession, control or charge of, any land or other thing in question, > > > > > (k) the fact that any land in question is, or at any relevant time was, vested in the Crown, any Minister or any statutory body, > > > > > (l) the times of sunrise and sunset on any day and the relevant location, as specified for that day on the website of Geoscience Australia. > > > (3) In any legal proceedings under the marine legislation, evidence that— > > > > > (a) a message or signal was transmitted, given or made by an authorised officer or a delegate of the Minister in the course of his or her duties, and > > > > > (b) the vessel to which the message or signal was transmitted, given or made was so located as to be able to receive the message or signal, > > > > is evidence that the message or signal was received by the master of the vessel concerned. > > **s 133:** Am 2000 No 53, Sch 2.11; 2006 No 58, Sch 2.33 \[2\]; 2008 No 59, Sch 1 \[63\]–\[65\]; 2011 No 41, Sch 5.22 \[6\]; 2014 No 38, Sch 1.1 \[10\] \[11\]; 2016 No 28, Sch 1 \[59\]–\[61\]; 2020 No 30, Sch 4.42\[1\]; 2025 No 12, Sch 1\[19\].