sec.231Evidentiary aids

### sec.231 Evidentiary aids A certificate stating any of the following matters is evidence of the matter— a stated document is— an appointment or a copy of an appointment; or a directive or a copy of a directive given under this Act; or a decision, or a copy of a decision, given or made under this Act; or a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing; on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force; on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act; a stated amount is payable under this Act by a stated person and has not been paid; a stated location is within the boundaries of land that is the subject of a stated mining tenure. A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production in a proceeding, evidence of the matters appearing on and in the document. In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. Any instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary. In this section— certificate means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative. s 231 amd 2007 No. 46 s 128 ; 2010 No. 17 s 71 ; 2011 No. 2 s 91 ; 2018 No. 28 s 83 ; 2020 No. 10 s 110 (sec.231-ssec.1) A certificate stating any of the following matters is evidence of the matter— a stated document is— an appointment or a copy of an appointment; or a directive or a copy of a directive given under this Act; or a decision, or a copy of a decision, given or made under this Act; or a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing; on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force; on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act; a stated amount is payable under this Act by a stated person and has not been paid; a stated location is within the boundaries of land that is the subject of a stated mining tenure. (sec.231-ssec.2) A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production in a proceeding, evidence of the matters appearing on and in the document. (sec.231-ssec.3) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. (sec.231-ssec.4) Any instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary. (sec.231-ssec.5) In this section— certificate means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative. - (a) a stated document is— (i) an appointment or a copy of an appointment; or (ii) a directive or a copy of a directive given under this Act; or (iii) a decision, or a copy of a decision, given or made under this Act; or (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; - (i) an appointment or a copy of an appointment; or - (ii) a directive or a copy of a directive given under this Act; or - (iii) a decision, or a copy of a decision, given or made under this Act; or - (iv) 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 certificate, notice, approval or appointment was, or was not, in force for a stated person or thing; - (c) on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force; - (d) on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act; - (e) a stated amount is payable under this Act by a stated person and has not been paid; - (f) a stated location is within the boundaries of land that is the subject of a stated mining tenure. - (i) an appointment or a copy of an appointment; or - (ii) a directive or a copy of a directive given under this Act; or - (iii) a decision, or a copy of a decision, given or made under this Act; or - (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;