FISHERIES MANAGEMENT ACT 1991 - SECT 166 Evidence

FISHERIES MANAGEMENT ACT 1991 - SECT 166

  (1)   In any proceedings for an offence against this Act, an averment of the prosecutor, contained in the information or complaint, that:

  (a)   the defendant was at a particular place at the time of the alleged offence; or

  (b)   the boat, aircraft or other thing referred to in the information or complaint was at a particular place at the time of the alleged offence; or

  (c)   fishing engaged in by or from a boat, not being a charter boat, in relation to which a fishing concession was in force at the time of the alleged offence was commercial fishing;

is prima facie evidence of the matter averred.

  (2)   AFMA may give a certificate:

  (a)   that, at a time or during a period specified in the certificate, a boat specified in the certificate was, or was not, an Australian boat; or

  (b)   that, at a time or during a period specified in the certificate, an area of waters specified in the certificate was part of the AFZ; or

  (ba)   that, at a time or during a period specified in the certificate, an area of waters specified in the certificate:

  (i)   was part of the territorial sea of Australia that was, at the time or during the period, in the AFZ; and

  (ii)   was not part of coastal waters taken to be in the AFZ because of section   76; or

  (c)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a statutory fishing right that was in force in relation to a managed fishery specified in the certificate; or

  (d)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a fishing permit that was in force authorising the use of a boat specified in the certificate for commercial fishing in an area of the AFZ, or a specified fishery, specified in the certificate; or

  (e)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a scientific permit that was in force authorising the use of a boat specified in the certificate for scientific research purposes in an area of the AFZ, or a fishery, specified in the certificate; or

  (f)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a foreign fishing licence that was in force authorising the use of a foreign boat specified in the certificate for commercial fishing in an area of the AFZ, or a fishery, specified in the certificate; or

  (g)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a foreign master fishing licence that was in force authorising the person to be in charge of a foreign fishing boat being used for commercial fishing in an area of the AFZ, or a fishery, specified in the certificate; or

  (h)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a fish receiver permit that was in force authorising the person to receive fish from a person engaged in fishing in a fishery specified in the certificate; or

  (i)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a fish receiver permit that was in force specifying premises specified in the certificate as premises at which fish received under the permit by the holder of the permit are to be kept while in the possession of the holder; or

  (j)   that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a port permit authorising the bringing of a foreign boat specified in the certificate into a port in Australia, or in an external Territory, specified in the certificate; or

  (k)   that, at a time or during a period specified in the certificate, notice of a temporary order was given in the manner specified in the certificate; or

  (l)   that, at a time or during a period specified in the certificate, a person specified in the certificate was subject to a direction under section   40A or 40B and that a document attached to the certificate is a copy of the direction; or

  (m)   that, at a time or during a period specified in the certificate, AFMA received e - monitoring data specified in the certificate; or

  (n)   that, at a time or during a period specified in the certificate, AFMA received e - monitoring equipment specified in the certificate, on which e - monitoring data was stored; or

  (o)   that, at a time specified in the certificate, AFMA received a statement provided in compliance with a condition of a fishing concession or scientific permit and that a document attached to the certificate is a copy of the statement.

  (3)   The Minister may give a certificate:

  (a)   that at a particular time specified in the certificate the Minister had notified all the parties to the Treaty that an investigation of an alleged contravention of the kind mentioned in paragraph   37(2)(a) was being conducted in relation to a Treaty boat specified in the certificate in respect of which a Treaty licence was in force and that the Minister had not, at or before a particular time specified in the certificate, notified the Administrator that the investigation had been completed; or

  (b)   that at a particular time specified in the certificate, the Minister was notified in writing by the Administrator of the suspension, in accordance with the Treaty, of a Treaty licence issued in respect of a Treaty boat specified in the certificate and either:

  (i)   at a particular time specified in the certificate the Minister was notified in writing by the Administrator that the Treaty licence was no longer suspended; or

  (ii)   at a particular time specified in the certificate no such notification had been received by the Minister; or

  (c)   that a document attached to the certificate and stating:

  (i)   the date on which a Treaty licence was issued by the Administrator, or if more than one such Treaty licence has been issued by the Administrator, the date on which the most recent Treaty licence was so issued, in respect of the boat specified in the document and the date on which that Treaty licence expires; or

  (ii)   that there has been no Treaty licence issued by the Administrator in respect of the boat specified in the document;

    is a copy of a letter, fax, telex or cablegram received by an officer or AFMA staff member or the Commonwealth from the Administrator; or

  (d)   that a document that:

  (i)   is attached to the certificate; and

  (ii)   states that the person named in the document was, at the time or during the period specified in the document, authorised by or under the law of the Pacific Island party specified in the document to perform the functions and duties of an observer on Treaty boats;

    is a copy of a letter, fax, telex or cablegram received by an officer or employee of AFMA or the Commonwealth from an authority of that Pacific Island party.

  (5)   The Minister may give a certificate certifying as to any matter relating to the making of decisions by a Joint Authority or relating to instruments executed by a Joint Authority.

  (6)   A person giving a certificate under this section that a person was the holder of a statutory fishing right or of a licence or permit granted under this Act may, in the certificate, certify that conditions specified in the certificate were the conditions to which the fishing right, licence or permit, as the case may be, was subject.

  (7)   In proceedings for an offence against this Act or the regulations, a certificate given under this section is:

  (a)   in all cases--prima facie evidence of the matters stated in the certificate; and

  (b)   in the case of a certificate of the kind mentioned in paragraph   (3)(c) or (d) given in respect of a particular document--prima facie evidence of the matters stated in that document.

  (8)   A document purporting to have been signed, issued or given under this Act is, on mere production, admissible in any proceedings as prima facie evidence of the fact that it was duly signed, issued or given.