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(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.