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HARBORS AND NAVIGATION ACT 1993 - SECT 87

HARBORS AND NAVIGATION ACT 1993 - SECT 87

87—Evidentiary provision

        (1)         In any legal proceedings—

            (a)         a certificate apparently signed by the Minister or the CE as to a delegation of powers under this Act is, in the absence of proof to the contrary, proof of the matter certified;

            (b)         a certificate apparently signed by an authorised person that a place referred to in the certificate is within the jurisdiction is, in the absence of proof to the contrary, proof of the fact so certified;

            (c)         a certificate apparently signed by the CE or a delegate of the CE certifying that, as at a date specified in the certificate, a person named in the certificate held or did not hold a licence, certificate, or exemption under this Act of a kind referred to in the certificate is, in the absence of proof to the contrary, proof of the matter so certified;

            (d)         a certificate apparently signed by the CE or a delegate of the CE certifying that, as at a date specified in the certificate, a vessel referred to in the certificate was or was not registered under this Act is, in the absence of proof to the contrary, proof of the matter so certified;

            (e)         a certificate apparently signed by the CE or a delegate of the CE certifying that, as at a date specified in the certificate, a certificate of survey or loadline certificate issued under the Act before the commencement of the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 was or was not in force in respect of a vessel is, in the absence of proof to the contrary, proof of the matter so certified;

            (f)         a certificate apparently signed by the CE or a delegate of the CE, as to the engine capacity or power of a specified vessel is, in the absence of proof to the contrary, proof of the matter so specified;

            (g)         a certificate apparently signed by the CE or a delegate of the CE to the effect that a specified document had not been received by the CE or the department on or before a specified date is, in the absence of proof to the contrary, proof that the document had not been lodged or given on or before that day;

            (h)         a certificate apparently signed by the CE or a delegate of the CE certifying an approval or lack of approval under this Act is, in the absence of proof to the contrary, proof of the matter certified.

        (2)         In proceedings for an offence against this Act, an allegation in an information that a specified person is or was the owner, the master or the operator of a vessel will be accepted, in the absence of proof to the contrary, as proof of the matter so alleged.