148Evidentiary provisions

148 Evidentiary provisions

S. 148(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.197).

(1) A document purporting to be given by the Regulator or a delegate of the Regulator certifying as to any of the following matters is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matter—

(a) whether an application by a specified person for a screening check was pending at a specified date;

(b) whether an exclusion had been given to a specified person and was in place at a specified date;

(c) whether an interim exclusion had been given to a specified person and was in place at a specified date;

(d) whether a specified person's clearance had been suspended and whether that suspension was in place at a specified date;

(e) whether a clearance had been given to a specified person on a specified date;

(f) whether a copy of a clearance, an interim exclusion, a suspension or an exclusion was given to a specified person on a specified date;

S. 148(1)(g) amended by No. 58/2025 s. 125(Sch. 2 item 1.197).

(g) any other matter that appears in, or that can be determined from, records kept by the Regulator under this Act.

S. 148(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.197).

(2) A document purporting to be given by the Regulator or a delegate of the Regulator under subsection (1) must be presumed in any proceedings, in the absence of evidence to the contrary, to have been given by the Regulator or a person who was, at that time, a delegate of the Regulator, as the case requires.