PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 126A

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 126A

126A .         Evidentiary matters

        (1)         In a proceeding for an offence against this Act an averment in the charge of the offence that at a particular time —

            (a)         a particular operation was a petroleum operation or geothermal energy operation; or

            (b)         a particular person was the operator of a petroleum operation or geothermal energy operation; or

            (c)         a particular person was in control of a particular part of a petroleum operation or geothermal energy operation; or

            (d)         a particular person was an employer who carried on a petroleum operation or geothermal energy operation; or

            (e)         a particular person was an employer of a particular person or particular persons engaged in a petroleum operation or geothermal energy operation; or

            (f)         a particular person was an employee or inspector,

                is to be taken to have been proved in the absence of evidence to the contrary.

        (2)         In a proceeding for an offence against this Act, proof is not required as to any of the following matters, unless evidence is given to the contrary —

            (a)         a delegation under section 25 by the Minister of a power or function;

            (b)         the authority of any person to institute a proceeding for an offence against this Act.

        [(c)         deleted]

        (3)         In a proceeding for an offence against this Act, production of a copy of —

            (a)         a code of practice; or

            (b)         an Australian Standard; or

            (c)         an Australian/New Zealand Standard,

                purporting to be certified by the CEO to be a true copy as at any date or during any period is, without proof of the signature of the CEO, sufficient evidence of the contents of the code of practice or Standard as at that date or during that period.

        (4)         In subsection (3) —

        Australian Standard means a document having that title published by Standards Australia;

        Australian/New Zealand Standard means a document having that title jointly published by Standards Australia and the Standards Council of New Zealand;

        CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act.

        [Section 126A inserted: No. 13 of 2005 s. 13; amended: No. 35 of 2007 s. 86; No. 17 of 2014 s. 8; No. 36 of 2020 s. 304.]