36Evidentiary matters

36 Evidentiary matters

36 Evidentiary matters

(1) In any proceedings under this Act, the holder or former holder of a radiation management licence is at a particular time or during a particular period (in the absence of evidence to the contrary) taken to be a person responsible for any regulated material to which the licence related at that time or during that period.

(2) A document signed by the CEO of the Authority and certifying any one or more of the following matters is admissible in any proceedings under this Act and (in the absence of evidence to the contrary) is taken to be evidence of the matters so certified—

(a) on a specified day, or during a specified period, a licence or accreditation was or was not in force or was or was not subject to a specified condition,

(b) on a specified day a licence or accreditation was or was not suspended, cancelled, varied or surrendered or the suspension, cancellation or surrender of a licence or accreditation was or was not subject to specified conditions,

(c) on a specified day a specified person was or was not an authorised officer or was or was not the holder of a specified licence or accreditation,

(d) on a specified day a specified person was or was not served with a specified notice, or given a specified direction, under this Act or any such direction or notice was or was not varied or revoked,

(e) a specified amount is payable by a specified person under this Act to the Authority and that amount has not been paid,

(f) a specified cost or expense was incurred by an authorised officer or public body in a specified way.

(3) The Authority may not rely on a document referred to in subsection (2) in proceedings unless it has given written notice to each other party in the proceedings of its intention to rely on the document and provided each such party with a copy of the document.

s 36: Subst 2010 No 91, Sch 1 [20] (am 2011 No 63, Sch 3.7 [4]). Am 2022 No 3, Sch 1[12].