Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Download] [Help]

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.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback