HARBORS AND NAVIGATION ACT 1993 - SECT 87
HARBORS AND NAVIGATION ACT 1993 - SECT 87
(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.