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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 212

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 212

212 .         Authorisations etc., evidence as to

        (1)         In any proceedings for an offence against this Act, production of a certificate purporting to be signed by the Registrar and stating that —

            (a)         on any date or during any period a person was or was not authorised to do any thing under an authorisation, temporary aquaculture permit or aquaculture lease or was or was not exempted from this Act or specified provisions of this Act by an exemption; or

            (b)         on any date or during any period any boat, premises or other thing was or was not the subject of an authorisation, temporary aquaculture permit or exemption; or

            (c)         on any date or during any period an authorisation or temporary aquaculture permit was cancelled, suspended or for any other reason of no effect or an aquaculture lease was terminated or for any other reason of no effect; or

            (d)         on any date or during any period an authorisation, temporary aquaculture permit, aquaculture lease or exemption was subject to any specified condition or conditions,

                is, without proof of the Registrar’s signature, evidence of the facts stated in the certificate.

        (2)         Subsection (1) only applies if —

            (a)         at least 28 days before the hearing, notice in writing has been given to the accused of the prosecutor’s intention to produce the certificate; and

            (b)         the accused has not within 14 days of receipt of the notice delivered to the prosecutor a notice requiring that the Registrar’s evidence be given in person.

        (3)         The court before which proceedings are held may, in addition to making any other order as to costs, make such order as it thinks fit as to the expenses and remuneration to be paid for the services of the Registrar.

        [Section 212 amended: No. 2 of 2002 s. 19; No. 84 of 2004 s. 80 and 82; No. 43 of 2011 s. 62.]