MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 294 General evidentiary provisions
MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 294
General evidentiary provisions(1) A certificate in the prescribed form purporting to be issued by the Safety Director certifying as to any matter that appears in or can be calculated from the records kept by the Safety Director or a delegate of the Safety Director is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
(2) Without limiting any provision of the Evidence (Miscellaneous Provisions) Act 1958 or the Evidence Act 2008 , a certificate or document that purports to be issued under any Act of the Commonwealth, or of a State or Territory of the Commonwealth, and that purports to relate in any way to—
(a) the registration or non-registration of a vessel; or
(b) the person who is the owner of a vessel or in whose name a vessel is registered; or
(c) the qualifications of people crewing a vessel; or
(d) any other matter relating to the use of vessels—
is, for the purposes of this Act, admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
(3) A certificate in the prescribed form purporting to be issued by the Safety Director certifying that on a particular date a vessel was registered in the name of a particular person is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that person was the registered person.
(4) In any proceedings for a contravention of section 37, proof that a vessel was operated on State waters without having affixed to it any identification number or identifying mark, and any appropriate registration label, required by or under this Act is, in the absence of evidence to the contrary, proof that the vessel was operated in contravention of that section.
(5) A certificate in the prescribed form to the effect that a prescribed speed measuring device has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by the regulations is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof that the device has been so tested or sealed.