Western Australian Consolidated Acts Western Australian Consolidated Acts (1) At the hearing of
any proceedings with respect to any area or thing to which this
Act applies the production of a certificate purporting to be signed by
the Director, or by a member of the staff of the Museum to whom the power of
the Director has been delegated by notice in the Gazette either for the
general purposes of this Act or in relation to a particular matter, that
he is satisfied —
(a) that
a locality or thing is of historic interest;
(b) that
an area constitutes a maritime archaeological site;
(c) that
a ship was, or appears likely to have been, in the waters adjacent to the
coast of Western Australia before the year 1900; or
(d) that
a relic or thing appears to have been associated with a ship, or to have been
abandoned, constructed or used by persons associated with a ship therein
specified,
is sufficient evidence
of the matters relevant to those proceedings stated in the certificate,
without proof of the signature of the person appearing to have signed the
certificate or that he is the Director or a person so authorised by the
Director, if —
(e)
notice of intention to adduce evidence by certificate is given not less than
3 days before the day of the trial or hearing, and that notice is served
and the service proved in the same manner as notices to admit and produce may
be served and proved in civil proceedings;
(f)
objection is not taken before or at the trial or hearing; and
(g) the
Director, and any person purporting to have signed the certificate as a
delegate under the authority of the Director, have not been required to attend
to give evidence in person,
unless the court
otherwise orders, or evidence to the contrary is adduced.
(2) In any proceedings
under this Act the onus of proof that the provisions of this Act do
not apply to any ship, relic or other thing lies uponthe accused.
(3) Where in a charge
of an offence against this Act there is an averment that an act or
omission occurred within a protected zone, courts and persons acting
judicially shall, on the act or omission being proved, presume in absence of
proof to the contrary that it occurred within the protected zone as averred.
[Section 10 amended by No. 84 of 2004
s. 80 and 82.]