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1997 No. 19 FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) - REG 7
7. Regulation 42 (Evidentiary matters)
7.1 Omit the regulation, substitute: Certificate of officer - prima facie
evidence
"42. (1) An officer may sign:
(a) a certificate:
(i) stating that, under regulation 39, the officer served an
infringement notice on a specified person; and
(ii) specifying the date when the notice was served; and
(iii) specifying the way in which the notice was served; or
(b) a certificate stating that:
(i) under paragraph 41 (1) (b), the officer did not allow a further
period for payment of the relevant penalty specified in an
infringement notice; and
(ii) the penalty was not paid in accordance with the notice within
28 days after the date of the notice; or
(c) a certificate stating that:
(i) under paragraph 41 (1) (b), the officer allowed a further
period for payment of the relevant penalty specified in an
infringement notice; and
(ii) the penalty was not paid in accordance with the notice within
the further time allowed.
"(2) At the hearing of a prosecution for an offence specified in an
infringement notice, a certificate described in paragraph (1) (a), (b) or (c)
is prima facie evidence of the matters stated in the certificate.
"(3) A certificate purporting to have been signed by an officer is admissible
in any proceedings as prima facie evidence of the fact that it was so
signed.".
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