EMERGENCY MANAGEMENT ACT 2005 - SECT 99

EMERGENCY MANAGEMENT ACT 2005 - SECT 99

99 .         Evidentiary matters

        (1)         In proceedings for an offence against this Act, an allegation in the prosecution notice of any of the following matters is, in the absence of evidence to the contrary, to be taken to be proved —

            (a)         that at a specified time an emergency situation declaration or a state of emergency declaration was in force;

            (b)         that at a specified time a specified area was, or was part of, an emergency area;

            (c)         that at a specified time a person was a hazard management officer, an authorised officer or a police officer authorised to act under section 71;

            (d)         that at a specified time a specified person was given a notice or direction under this Act;

            (e)         that at a specified time a specified requirement was made of a specified person.

        (2)         Unless the contrary is proved, it is to be presumed that a document purporting to have been signed by the Minister, the State Emergency Coordinator, the chairman of the SEMC, a hazard management officer or an authorised officer was signed by a person who at the time was the Minister, the State Emergency Coordinator, the chairman of the SEMC, a hazard management officer or an authorised officer.

        (3)         Unless the contrary is proved, it is to be presumed that a document purporting to have been signed by a delegate of the Minister, the State Emergency Coordinator or the SEMC was signed by a person who at the time was such a delegate and was authorised to sign it.

        (4)         This section is in addition to and does not affect the operation of the Evidence Act 1906 .

        [Section 99: modified by section 77X(1).]