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.]