sec.198Evidentiary aids

### sec.198 Evidentiary aids A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice, direction or requirement; a licence; a record or an extract from a record; the register or an extract from the register; a stated document is another document kept under this Act; a stated document is an approved radiation safety and protection plan for a radiation practice for which a possession licensee possesses a radiation source; a stated document is an approved security plan for a security enhanced source; a stated document is an approved transport security plan for the transport of a security enhanced source; a stated document is a copy of a thing mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; on a stated day, or during a stated period, a stated person was or was not the holder of an Act instrument; on a stated day, or during a stated period, an Act instrument— was or was not in force; or was or was not subject to a stated condition; on a stated day, an Act instrument was suspended or cancelled; on a stated day, or during a stated period, an appointment as an inspector or State radiation analyst was, or was not, in force for a stated person; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid. A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the matter stated. A certificate purporting to be that of a State radiation analyst in relation to a thing, or sample of or from a thing, taken by an inspector at a place under section 117 (3) (c) stating any of the following matters is evidence of the matters— the analyst’s qualifications; the analyst took, or received from a stated person, the thing or sample; the thing or sample was analysed, measured or tested at a stated place on a stated day or during a stated period; the methodology used to analyse, measure or test the thing or sample; the results of the analysis, measurement or test. In a proceeding in which the chief executive applies under section 200 or 202 to recover costs incurred by the chief executive, a certificate by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated. s 198 amd 2010 No. 8 s 48 (sec.198-ssec.1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice, direction or requirement; a licence; a record or an extract from a record; the register or an extract from the register; a stated document is another document kept under this Act; a stated document is an approved radiation safety and protection plan for a radiation practice for which a possession licensee possesses a radiation source; a stated document is an approved security plan for a security enhanced source; a stated document is an approved transport security plan for the transport of a security enhanced source; a stated document is a copy of a thing mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; on a stated day, or during a stated period, a stated person was or was not the holder of an Act instrument; on a stated day, or during a stated period, an Act instrument— was or was not in force; or was or was not subject to a stated condition; on a stated day, an Act instrument was suspended or cancelled; on a stated day, or during a stated period, an appointment as an inspector or State radiation analyst was, or was not, in force for a stated person; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid. (sec.198-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the matter stated. (sec.198-ssec.3) A certificate purporting to be that of a State radiation analyst in relation to a thing, or sample of or from a thing, taken by an inspector at a place under section 117 (3) (c) stating any of the following matters is evidence of the matters— the analyst’s qualifications; the analyst took, or received from a stated person, the thing or sample; the thing or sample was analysed, measured or tested at a stated place on a stated day or during a stated period; the methodology used to analyse, measure or test the thing or sample; the results of the analysis, measurement or test. (sec.198-ssec.4) In a proceeding in which the chief executive applies under section 200 or 202 to recover costs incurred by the chief executive, a certificate by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated. - (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a licence; (iv) a record or an extract from a record; (v) the register or an extract from the register; - (i) an appointment, approval or decision; - (ii) a notice, direction or requirement; - (iii) a licence; - (iv) a record or an extract from a record; - (v) the register or an extract from the register; - (b) a stated document is another document kept under this Act; - (c) a stated document is an approved radiation safety and protection plan for a radiation practice for which a possession licensee possesses a radiation source; - (d) a stated document is an approved security plan for a security enhanced source; - (e) a stated document is an approved transport security plan for the transport of a security enhanced source; - (f) a stated document is a copy of a thing mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; - (g) on a stated day, or during a stated period, a stated person was or was not the holder of an Act instrument; - (h) on a stated day, or during a stated period, an Act instrument— (i) was or was not in force; or (ii) was or was not subject to a stated condition; - (i) was or was not in force; or - (ii) was or was not subject to a stated condition; - (i) on a stated day, an Act instrument was suspended or cancelled; - (j) on a stated day, or during a stated period, an appointment as an inspector or State radiation analyst was, or was not, in force for a stated person; - (k) on a stated day, a stated person was given a stated notice or direction under this Act; - (l) on a stated day, a stated requirement was made of a stated person; - (m) a stated amount is payable under this Act by a stated person and has not been paid. - (i) an appointment, approval or decision; - (ii) a notice, direction or requirement; - (iii) a licence; - (iv) a record or an extract from a record; - (v) the register or an extract from the register; - (i) was or was not in force; or - (ii) was or was not subject to a stated condition; - (a) the analyst’s qualifications; - (b) the analyst took, or received from a stated person, the thing or sample; - (c) the thing or sample was analysed, measured or tested at a stated place on a stated day or during a stated period; - (d) the methodology used to analyse, measure or test the thing or sample; - (e) the results of the analysis, measurement or test.