sec.201Evidentiary provisions

### sec.201 Evidentiary provisions This section applies to a proceeding under this Act or another Act prescribed by regulation. Unless a party, by reasonable notice, requires proof of— the appointment of the chief executive, the general manager, a harbour master or a shipping inspector; or the authority of the chief executive, the general manager, a harbour master or a shipping inspector to do anything under this Act; the appointment or authority must be presumed. A signature purporting to be the signature of the chief executive, the general manager, a harbour master or a shipping inspector is evidence of the signature it purports to be. A certificate purporting to be signed by the chief executive, the general manager, a harbour master or a shipping inspector and stating any of the following matters is evidence of the matter— a specified document is— an approval or a copy of an approval; or a direction or decision, or a copy of a direction or 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 specified day, or during a specified period, a specified person was or was not the holder of an approval or a specified approval; a specified approval was or was not in force on a specified day or during a specified period; on a specified day, a specified approval— was suspended for a specified period; or was cancelled; on a specified day, a specified person was given a specified direction under this Act; a specified fee or other amount is payable under this Act by a specified person and has not been paid. A certificate purporting to be signed by the chief executive, the general manager or a shipping inspector certifying that a laser speed detection device ( device ) has been— tested at a specified time— in accordance with the appropriate Australian Standard that was in force at the time; or if there was no appropriate standard—in accordance with the manufacturer’s specifications; and found to produce accurate results at the specified time; is evidence of the matters stated and evidence that the device was producing accurate results at the time of testing and for 1 year after the time. A certificate purporting to be signed by a shipping inspector stating that a specified device was used by the inspector— at a specified time; and in accordance with— the appropriate Australian Standard that was in force at the time; or if there was no appropriate standard—the manufacturer’s specifications; is evidence of the matters stated. If a defendant intends to challenge— the accuracy of a device; or the time at which, or the way in which, the device was used; at the hearing of a charge against the defendant under an Act mentioned in subsection (1) , the defendant must give written notice of the challenge to the prosecution ( challenge notice ). The challenge notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing. A statement in a complaint for an offence against this Act that a person is or is not, or was or was not, at any time or date stated in the complaint of, under or over a stated age is evidence of the matter stated, and in the absence of evidence to the contrary is conclusive evidence of the matter. s 201 amd 2001 No. 79 s 77 ; 2002 No. 29 s 16 sch 1 ; 2006 No. 21 s 90 ; 2010 No. 13 s 113 (sec.201-ssec.1) This section applies to a proceeding under this Act or another Act prescribed by regulation. (sec.201-ssec.2) Unless a party, by reasonable notice, requires proof of— the appointment of the chief executive, the general manager, a harbour master or a shipping inspector; or the authority of the chief executive, the general manager, a harbour master or a shipping inspector to do anything under this Act; the appointment or authority must be presumed. (sec.201-ssec.3) A signature purporting to be the signature of the chief executive, the general manager, a harbour master or a shipping inspector is evidence of the signature it purports to be. (sec.201-ssec.4) A certificate purporting to be signed by the chief executive, the general manager, a harbour master or a shipping inspector and stating any of the following matters is evidence of the matter— a specified document is— an approval or a copy of an approval; or a direction or decision, or a copy of a direction or 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 specified day, or during a specified period, a specified person was or was not the holder of an approval or a specified approval; a specified approval was or was not in force on a specified day or during a specified period; on a specified day, a specified approval— was suspended for a specified period; or was cancelled; on a specified day, a specified person was given a specified direction under this Act; a specified fee or other amount is payable under this Act by a specified person and has not been paid. (sec.201-ssec.5) A certificate purporting to be signed by the chief executive, the general manager or a shipping inspector certifying that a laser speed detection device ( device ) has been— tested at a specified time— in accordance with the appropriate Australian Standard that was in force at the time; or if there was no appropriate standard—in accordance with the manufacturer’s specifications; and found to produce accurate results at the specified time; is evidence of the matters stated and evidence that the device was producing accurate results at the time of testing and for 1 year after the time. (sec.201-ssec.6) A certificate purporting to be signed by a shipping inspector stating that a specified device was used by the inspector— at a specified time; and in accordance with— the appropriate Australian Standard that was in force at the time; or if there was no appropriate standard—the manufacturer’s specifications; is evidence of the matters stated. (sec.201-ssec.7) If a defendant intends to challenge— the accuracy of a device; or the time at which, or the way in which, the device was used; at the hearing of a charge against the defendant under an Act mentioned in subsection (1) , the defendant must give written notice of the challenge to the prosecution ( challenge notice ). (sec.201-ssec.8) The challenge notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing. (sec.201-ssec.9) A statement in a complaint for an offence against this Act that a person is or is not, or was or was not, at any time or date stated in the complaint of, under or over a stated age is evidence of the matter stated, and in the absence of evidence to the contrary is conclusive evidence of the matter. - (a) the appointment of the chief executive, the general manager, a harbour master or a shipping inspector; or - (b) the authority of the chief executive, the general manager, a harbour master or a shipping inspector to do anything under this Act; - (a) a specified document is— (i) an approval or a copy of an approval; or (ii) a direction or decision, or a copy of a direction or decision, given or made under this Act; or (iii) 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 approval or a copy of an approval; or - (ii) a direction or decision, or a copy of a direction or decision, given or made under this Act; or - (iii) 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 specified day, or during a specified period, a specified person was or was not the holder of an approval or a specified approval; - (c) a specified approval was or was not in force on a specified day or during a specified period; - (d) on a specified day, a specified approval— (i) was suspended for a specified period; or (ii) was cancelled; - (i) was suspended for a specified period; or - (ii) was cancelled; - (e) on a specified day, a specified person was given a specified direction under this Act; - (f) a specified fee or other amount is payable under this Act by a specified person and has not been paid. - (i) an approval or a copy of an approval; or - (ii) a direction or decision, or a copy of a direction or decision, given or made under this Act; or - (iii) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; - (i) was suspended for a specified period; or - (ii) was cancelled; - (a) tested at a specified time— (i) in accordance with the appropriate Australian Standard that was in force at the time; or (ii) if there was no appropriate standard—in accordance with the manufacturer’s specifications; and - (i) in accordance with the appropriate Australian Standard that was in force at the time; or - (ii) if there was no appropriate standard—in accordance with the manufacturer’s specifications; and - (b) found to produce accurate results at the specified time; - (i) in accordance with the appropriate Australian Standard that was in force at the time; or - (ii) if there was no appropriate standard—in accordance with the manufacturer’s specifications; and - (a) at a specified time; and - (b) in accordance with— (i) the appropriate Australian Standard that was in force at the time; or (ii) if there was no appropriate standard—the manufacturer’s specifications; - (i) the appropriate Australian Standard that was in force at the time; or - (ii) if there was no appropriate standard—the manufacturer’s specifications; - (i) the appropriate Australian Standard that was in force at the time; or - (ii) if there was no appropriate standard—the manufacturer’s specifications; - (a) the accuracy of a device; or - (b) the time at which, or the way in which, the device was used; - (a) signed by the defendant; and - (b) given at least 14 days before the day fixed for the hearing.