South Australian Consolidated Acts

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1984 - SECT 33

33—Evidence

        (1)         In proceedings for an offence against this Act—

            (a)         an allegation in a complaint that a person is, or was on a specified day, the owner or person in charge of a specified vessel, aircraft or platform (as the case may be) shall, in the absence of proof to the contrary, be deemed to be proof of the matter alleged; and

            (b)         any record kept in pursuance of this Act is admissible as prima facie evidence of the facts stated in the record; and

            (c)         a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and

            (d)         a document purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as is referred to in paragraph (c), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be.

        (2)         In proceedings for an offence against this Act, evidence of a distance or position as determined by the use of an electronic, optical, mechanical or other device by an inspector or any other competent person shall, in the absence of proof to the contrary, be accepted as proof of the distance or position.

        (3)         In proceedings for an offence against this Act, a statement made in evidence by an inspector that a place or area described or indicated by him was within coastal waters shall, in the absence of proof to the contrary, be accepted as proof of the matter so stated.

        (4)         In proceedings for an offence against this Act, any conditions of a permit under this Act may be proved by the production of an apparently genuine document purporting to be a copy of the conditions certified by the Minister.



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