Victorian Consolidated Legislation

Marine Act 1988 - SECT 50

Evidence

50. Evidence



(1) In any proceedings for an offence under this Part-

   (a)  any record kept in pursuance of, or for the purposes of, this Part is
        admissible in evidence and, in the absence of evidence to the
        contrary, is proof of the matters stated in the record; and

   (b)  a copy of an entry in such a record, being a copy purporting to be
        certified by the person by whom the record is required to be kept as a
        true copy of the entry, is admissible in evidence and, in the absence
        of evidence to the contrary, is proof of the matters stated in the
        entry; and

   (c)  a document purporting to be such a record or purporting to be such a
        certified copy of an entry in such a record is, unless the contrary is
        proved, to be taken to be such a record or certified copy, as the case
        requires; and





   (d)  a map, plan or chart of any State waters purporting to be certified by
        an appropriate authority or by a person appointed by an appropriate
        authority for the purpose is admissible in evidence and, in the
        absence of evidence to the contrary, is proof of any matter that is
        apparent from, or can be calculated from, the map, plan or chart.

(2) A statement in writing purporting to be signed by an officer of an
appropriate authority or any other person authorised by an appropriate
authority in that behalf-

   (a)  to the effect that any person has been generally or specially
        appointed by the appropriate authority-

   (i)  to investigate any prohibited discharge or suspected prohibited
        discharge under section 41; or

   (ii) to report to it under section 43 regarding the proper observance of,
        and the adequacy of, the prohibitions, restrictions and obligations
        imposed by or under this Part; or

   (iii) to prosecute for an offence under this Part or the regulations made
        for the purposes of this Part; or

   (b)  to the effect that any dispensation has been directed, any exemption
        has been granted or any conditions have been imposed or that any
        variation or revocation of any such condition, exemption or
        dispensation has been made under section 44-

is admissible in evidence in any proceedings and, in the absence of evidence
to the contrary, is proof of the matters specified in the statement.