303AIssues of evidence and proof

303A Issues of evidence and proof S. 303A(1) amended by No. 24/2013 s. 38. (1) Any instrument or monitoring, recording or other equipment or installation used by an officer of the Authority, an authorised water officer, an authorised person or an analyst in connection with any evidence given in a proceeding under this Act, the regulations or by-laws made under this Act relating to the discharge of anything into the works of an Authority or a sewerage system under the control and management of an Authority must be presumed, unless evidence to the contrary is presented, to be accurate and precise. (2) Despite the rule against hearsay, the results of any analysis based on analytical techniques which by their nature infringe that rule are admissible in evidence in any proceeding referred to in subsection (1). S. 303A(3) amended by No. 24/2013 s. 38. (3) Each attribute of a sample taken under this Act, the regulations or by-laws made under this Act must, for the purpose of any proceeding referred to in subsection (1), be presumed, unless evidence to the contrary is presented, not to be materially affected by its method of storage or preservation. (4) A finding by a court that an attribute of a sample referred to in subsection (3) was materially affected by its method of storage or preservation does not rebut the presumption created by that subsection in relation to the other attributes of the sample. (5) If— (a) a corporation has entered into a trade waste agreement with an Authority; and (b) that corporation shares premises with a corporation that is a subsidiary of that corporation within the meaning of the Corporations Act; and (c) there occurs on the premises an act or omission that is capable of constituting a contravention of the trade waste agreement— the corporation that entered into the trade waste agreement must be presumed, for the purpose of any proceeding under this Act, the regulations or by-laws made under this Act relating to that contravention, to have caused that act or omission until the contrary is proved. (6) For the purpose of any proceeding under this Act, the regulations or by-laws made under this Act, anything found in a sewer on a property or which exclusively services a property or in any drain or other works on a property connected to such a sewer, must be presumed, in the absence of evidence to the contrary, to have been discharged into that sewer, drain or other works by the occupier of that property.