WATER INDUSTRY ACT 1994 - SECT 177 General evidentiary provisions

WATER INDUSTRY ACT 1994 - SECT 177

    (1)     If in any proceeding under this Act or the regulations the amount of water delivered to a property during any period is relevant, evidence of the amount of water recorded by a water meter as having passed through the meter to the property during that period is, in the absence of evidence to the contrary, proof that that amount of water was delivered to that property during that period.

    (2)     If—

        (a)     in any proceeding under this Act or the regulations the amount of water delivered to a property during any period is relevant; and

        (b)     as a result of a water meter having malfunctioned or having been destroyed, damaged, altered or in any way interfered with, a licensee is of the opinion that it did not accurately record the amount of water delivered to that property during that period—

evidence may be given to the amount of water computed by the licensee in accordance with subsection (3) as having been delivered to that property during that period and that evidence is, in the absence of evidence to the contrary, proof that that amount of water was delivered to that property during that period.

    (3)     A computation for the purposes of subsection (2) may be made—

        (a)     by having regard to the quantity of water delivered to the property concerned in any previous or subsequent period or periods or the quantity of water delivered to any similar property during the period concerned; or

        (b)     in any other way that is prescribed.

S. 177(4) inserted by No. 110/1997

s. 38.

    (4)     In any proceeding under this Act or the regulations until evidence is given to the contrary proof is not required as to any of the following—

        (a)     the issue of a licence to a licensee;

        (b)     the due appointment of the directors of a licensee;

        (c)     the employment of any person by a licensee;

        (d)     the authorisation of a person by a licensee to do any act or for any particular purpose;

        (e)     the size, location or boundaries of any area for which a licence is issued to a licensee;

        (f)     the fact that a particular property is located within a particular area;

        (g)     the presence of a quorum at any meeting of a licensee;

        (h)     that a document purporting to be made or issued by a licensee was made or issued by that licensee;

              (i)     the validity of the contents of any records or minutes of a licensee.

S. 177(5) inserted by No. 110/1997

s. 38.

    (5)     A document purporting—

        (a)     to be a map or plan made or issued by a licensee, whether before or after the commencement of section 38 of the Water Acts (Further Amendment) Act 1997 ; and

        (b)     to show the location of any land or works or other thing or the physical features of any area; and

        (c)     to be verified by an authorised person—

is admissible in evidence in any proceeding under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the matters shown in the map or plan.

S. 177(6) inserted by No. 110/1997

s. 38.

    (6)     In any proceeding under this Act or the regulations—

        (a)     evidence that a person is liable to a service charge or usage charge in respect of any property; or

        (b)     evidence that a person's name appears in any records kept by a licensee as the owner or occupier of any property; or

        (c)     evidence by the certificate of the Registrar of Titles or any Deputy Registrar of Titles or Assistant Registrar of Titles and authenticated by the seal of the Office of Titles that a person's name appears in the Register kept under the Transfer of Land Act 1958 as the proprietor of an estate in fee simple or of a leasehold estate held of the Crown in any property; or

        (d)     evidence by the certificate of the Registrar-General or any Deputy Registrar-General that a person appears from a memorial of registration of any deed, conveyance or other instrument to be the owner of any property—

is, in the absence of evidence to the contrary, proof that that person is the owner or occupier (as the case requires) of that property.

S. 177(7) inserted by No. 110/1997

s. 38.

    (7)     In any proceeding under this Act or the regulations, the statement of any person that on a particular date he or she was an officer of a corporation is admissible in evidence and, in the absence of evidence to the contrary, is proof that on that date he or she was an officer of that corporation.

S. 177A inserted by No. 110/1997 s. 39.