Australian Capital Territory Numbered Acts

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FOOD ACT 2001 - SECT 133

Certificate evidence etc

    (1)     This section applies in relation to a proceeding for an offence against this Act.

    (2)     A document that appears to be a copy of a registration, approval, order, notice or authority under this Act is evidence of the registration, approval, order, notice or authority.

    (3)     A certificate that appears to be signed by or on behalf of the chief health officer, and that states any of the following matters, is evidence:

        (a)     that there was, or was not, in force a registration, approval, order, notice or authority in relation to a stated person or persons;

        (b)     that a registration, approval, order, notice or authority was or was not subject to stated conditions;

        (c)     of the receipt or otherwise of a notice, application or payment;

        (d)     that an amount of fees or another amount is payable under this Act by a stated person.

    (4)     A certificate that appears to be signed by or on behalf of the chief health officer, and states any matter prescribed under the regulations for this section, is evidence of the matter.

    (5)     A certificate mentioned in subsection (3) or (4) may state a matter by reference to a date or period.

    (6)     A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.

    (7)     In this section:

"authority" includes an appointment as an authorised analyst or authorised officer or a clearance certificate.

"notice" includes an improvement notice.

"order" means an emergency order (including a recall order) or a prohibition order.

"registration" means registration as a food business.



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