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GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61AMB Evidentiary effect of certificate

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61AMB

Evidentiary effect of certificate

  (1)   In any proceedings:

  (a)   in relation to an offence against this Act; or

  (b)   in relation to a contravention of a civil penalty provision; or

  (c)   for an injunction under section   61AGA; or

  (d)   to set aside an enforceable direction under section   61ADF;

a certificate under section   61AMA is prima facie evidence of the matters in the certificate.

  (2)   A document purporting to be a certificate under section   61AMA must, unless the contrary is proved, be taken to be such a certificate and to have been properly issued.

  (3)   A certificate must not be admitted in evidence under subsection   ( 1) in proceedings in relation to an offence unless the person charged, or a solicitor who has appeared for the person in those proceedings, has, at least 14 days before the certificate is sought to be admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in the proceedings.

  (4)   Subject to subsection   ( 5), if a certificate is admitted in evidence under subsection   ( 1) in proceedings in relation to an offence, the person charged with the offence may require the CEO to be called as a witness for the prosecution and cross - examined as if he or she had given evidence of the matters stated in the certificate.

  (5)   Subsection   ( 4) does not entitle the person charged to require the CEO to be called as a witness for the prosecution unless the court, by order, allows the person charged to require the CEO to be so called.

  (6)   The Authority may certify that a document is a copy of a certificate under section   61AMA.

  (7)   This section applies to the certified copy as if it were the original.