New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 34

34 Proof of certain matters not required

(1) In any prosecution or legal proceedings by or under the direction or authority of or on behalf or for the benefit of the Board no proof shall be required (until evidence is given to the contrary) of:

(b) any order of the Board,

(c) the particular or general appointment of any officer of the Board or any member of the police force to take proceedings against any person,

(d) the powers of any officer or any member of the police force to prosecute or take proceedings,

(e) the fact that any particular matter or place is within the jurisdiction of the Board,

(f) the fact that the defendant is, or at any relevant time was, the owner or occupier of any land in question,

(g) the fact that the defendant is, or at any relevant time was, the owner or in possession, control, or in charge of any thing in question,

(h) the fact that the defendant is, or at any relevant time was, the master or person in charge of any vessel or ship in question,

(i) the fact that the defendant is, or at any relevant time was, the owner or agent of any vessel or ship in question,

(j) the fact that, at any relevant time, any vessel or ship was not used solely for pleasure or was used for profit or reward,

(k) the fact that any vessel or ship was, at any relevant time, of such a net tonnage, gross tonnage or length that any provision of any Act, by-law, regulation or rule with the administration of which the Board is charged applied to it,

(l) the fact that the owner of any vessel or ship in question does not, or did not at any relevant time, hold in respect of the vessel or ship a valid and unexpired certificate of compliance with, or a valid or unexpired certificate of survey issued under, the provisions of any Act or regulation administered by the Board,

(m) the appointment of any person under any Act, by-law, regulation or rule with the administration of which the Board is charged,

(n) the fact that any land in question is, or at any relevant time was, vested in the Board or in the Crown or any Minister of the Crown or any statutory body,

(o) the fact that the control and management of any land vested in the Crown or any Minister of the Crown or any statutory body is, or at any relevant time was, properly placed in the Board or in The Housing Commission of New South Wales or in the Board as deputy, attorney or agent of The Housing Commission of New South Wales.

(2) For the purpose of any such prosecution or legal proceedings, a person shall be deemed to be the owner of a vessel or ship notwithstanding that the person has mortgaged, chartered, leased or hired in any way the vessel or ship or that any other person is entitled, whether at law or in equity, to any share or interest in the vessel or ship.

(3) For the purposes of this section:

(a) a certificate purporting to be signed by the Secretary of the Board and certifying that the Board has directed that any prosecution or legal proceedings referred to in the certificate be commenced shall be evidence of that direction,

(b) any prosecution or legal proceedings undertaken by an officer of the Board shall be deemed to have been directed by the Board in the absence of proof to the contrary, and

(c) any prosecution undertaken by a member of the police force in pursuance of any Act, by-law, regulation or rule with the administration of which the Board is charged, shall be deemed to have been directed by the Board in the absence of proof to the contrary.

(4) In any prosecution or legal proceedings by or under the direction or authority of or on behalf or for the benefit of the Board:

(a) any writing purporting to be a copy of a licence, certificate or permission granted by the Board, or of a direction under the hand of an officer or employee of the Board that compliance with a requirement of any Act, by-law, regulation or rule with the administration of which the Board is charged be dispensed with, or of an instrument granting exemption from any such requirement, or of any conditions subject to which such dispensation or exemption was granted, and purporting to be certified as a true copy of such licence, certificate, permission, direction, instrument or conditions by the Secretary of the Board, shall be prima facie proof of the terms of such licence, certificate, permission, direction, instrument or conditions and that it was duly granted or given and duly issued, and production of the original licence, certificate, permission, direction, instrument or conditions shall not be required,

(b) a certificate purporting to be signed by the Secretary of the Board that any certificate, licence, permit, registration or exemption under any Act, by-law, regulation or rule with the administration of which the Board is charged or any renewal of any such certificate, licence, permit, registration or exemption has not been issued, granted or effected or was not in force on a day specified in the certificate purporting to be so signed shall be prima facie proof of the facts stated therein,

(c) a copy of the Gazette containing any notification purporting to be made under any Act, by-law, regulation or rule with the administration of which the Board is charged shall be prima facie proof of the due making of the notification and of its contents,

(d) a certificate purporting to be signed by the Secretary of the Board that any licence, registration, certificate, permission or direction granted, effected, issued or given by the Board, was cancelled, suspended or revoked by the Board or that any application made to the Board was refused by the Board shall be prima facie proof of such cancellation, suspension, revocation or refusal and where the certificate purporting to be so signed specifies the grounds upon which the licence, registration, certificate, permission, direction or application was cancelled, suspended, revoked or refused, of the grounds for the cancellation, suspension, revocation or refusal,

(e) the statement in a daily newspaper circulating throughout New South Wales of the times of sunrise and sunset on any day shall be prima facie proof of such times.

(5) In any prosecution or legal proceedings by or under the direction of or on behalf of or for the benefit of the Board, or in any Court of Marine Inquiry, evidence that:

(a) a message or signal was transmitted, given or made by an officer of the Board in the course of the officer’s duties, and

(b) the vessel to which the message or signal was transmitted, given or made was so located as to be able to receive the message or signal,

shall be prima facie proof that the message or signal was received by the master of the vessel concerned.