sec.48Evidentiary provisions

### sec.48 Evidentiary provisions In a proceeding for the purpose of this Act— it shall not be necessary to prove the appointment of the emergency commander, the terrorist emergency commander, the terrorist emergency forward commander, the TERC commander, the CBRE commander, a police officer or anyone else authorised under part 3 to do any act or take any proceeding; a signature purporting to be that of a person mentioned in paragraph (a) is taken to be the signature it purports to be until the contrary is proved; a document purporting to be a copy of a certificate declaring an emergency situation pursuant to section 5 shall, upon its production in that proceeding be evidence and in the absence of evidence to the contrary, conclusive evidence of that certificate and of the matters contained therein; a document purporting to be a copy of a terrorist emergency certificate signed by a terrorist emergency forward commander under section 8G (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate; a document purporting to be a copy of a terrorist emergency evacuation certificate signed by a TERC commander under section 8GA (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate; a certificate signed by the CBRE commander and stating any of the following is evidence of what it states— on a stated day and at a stated time the CBRE commander declared a CBR emergency; on a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency; on a stated day and at a stated time the CBRE commander delegated a stated power to a stated person; on a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ; on a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place; a certificate signed by any of the following and stating a stated person was authorised to exercise a stated power and when the person was authorised to exercise the power is evidence of what it states— an ambulance controller; a fire controller; a medical controller; the chief veterinary officer; a certificate signed by a medical controller and stating a stated biological or radiological substance was involved in a stated CBR emergency is evidence of what it states; a certificate signed by a fire controller and stating a stated chemical substance was involved in a stated CBR emergency is evidence of what it states; the authority of an emergency responder to exercise a power under part 3 must be presumed, unless the contrary is proved. s 48 (prev s 18) amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 16 renum 2003 No. 46 s 17 amd 2007 No. 34 s 7 sch ; 2016 No. 42 s 56 - (a) it shall not be necessary to prove the appointment of the emergency commander, the terrorist emergency commander, the terrorist emergency forward commander, the TERC commander, the CBRE commander, a police officer or anyone else authorised under part 3 to do any act or take any proceeding; - (b) a signature purporting to be that of a person mentioned in paragraph (a) is taken to be the signature it purports to be until the contrary is proved; - (c) a document purporting to be a copy of a certificate declaring an emergency situation pursuant to section 5 shall, upon its production in that proceeding be evidence and in the absence of evidence to the contrary, conclusive evidence of that certificate and of the matters contained therein; - (d) a document purporting to be a copy of a terrorist emergency certificate signed by a terrorist emergency forward commander under section 8G (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate; - (e) a document purporting to be a copy of a terrorist emergency evacuation certificate signed by a TERC commander under section 8GA (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate; - (f) a certificate signed by the CBRE commander and stating any of the following is evidence of what it states— (i) on a stated day and at a stated time the CBRE commander declared a CBR emergency; (ii) on a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency; (iii) on a stated day and at a stated time the CBRE commander delegated a stated power to a stated person; (iv) on a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ; (v) on a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place; - (i) on a stated day and at a stated time the CBRE commander declared a CBR emergency; - (ii) on a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency; - (iii) on a stated day and at a stated time the CBRE commander delegated a stated power to a stated person; - (iv) on a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ; - (v) on a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place; - (g) a certificate signed by any of the following and stating a stated person was authorised to exercise a stated power and when the person was authorised to exercise the power is evidence of what it states— (i) an ambulance controller; (ii) a fire controller; (iii) a medical controller; (iv) the chief veterinary officer; - (i) an ambulance controller; - (ii) a fire controller; - (iii) a medical controller; - (iv) the chief veterinary officer; - (h) a certificate signed by a medical controller and stating a stated biological or radiological substance was involved in a stated CBR emergency is evidence of what it states; - (i) a certificate signed by a fire controller and stating a stated chemical substance was involved in a stated CBR emergency is evidence of what it states; - (j) the authority of an emergency responder to exercise a power under part 3 must be presumed, unless the contrary is proved. - (i) on a stated day and at a stated time the CBRE commander declared a CBR emergency; - (ii) on a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency; - (iii) on a stated day and at a stated time the CBRE commander delegated a stated power to a stated person; - (iv) on a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ; - (v) on a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place; - (i) an ambulance controller; - (ii) a fire controller; - (iii) a medical controller; - (iv) the chief veterinary officer;