197Evidentiary provisions etc

197 Evidentiary provisions etc

197 Evidentiary provisions etc

(1) An allegation, in a court attendance notice, summons or application in respect of an offence against this Act or the regulations, that any lands in question form part of a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve, Aboriginal area, Aboriginal place or wildlife refuge shall be sufficient without proof of the matter so alleged unless the defendant proves to the contrary.

(2) An allegation, in a court attendance notice, summons or application in respect of an offence against this Act or the regulations, that a standard, sign, symbol, notice or device was erected, displayed or marked with the authority of the Secretary, or that a standard, sign, symbol, notice or device was erected, displayed, marked, interfered with, altered or removed without the authority of the Secretary, shall be accepted by the court as evidence of the truth of the allegation, unless the defendant proves to the contrary.

(2A) An allegation, in a court attendance notice, summons or application in respect of an offence against this Act or the regulations, that an animal or plant is a member of a species, population or ecological community specified in that court attendance notice, summons or application is sufficient proof of the matter so alleged unless the defendant proves to the contrary.

(3) In any proceedings for an offence against this Act or the regulations, a certificate purporting to be signed by the officer for the time being in charge of the records kept under the law for the time being in force in any part of the Commonwealth relating to the ownership of motor vehicles and naming the owner of a motor vehicle as shown on those records shall be prima facie evidence of the name of the owner of the motor vehicle.

(4) In any prosecution under this Act, any allegation in any court attendance notice, summons or application that any person is unlicensed or acting without permission or authority need not be proved, and that person shall be deemed to be unlicensed or acting without permission or authority, as the case may be, until the contrary is proved by the production of a licence, permit or authority or otherwise.

(5) In any proceedings for an offence against this Act or the regulations, a certificate purporting to be signed by the Secretary and certifying—

(a) that any person was or was not, on a date or within a period specified therein, the holder of any specified licence, certificate, consent, authority or other thing issued or granted by instrument in writing under this Act, or