Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 5.28

Evidence

  (1)   In the hearing of proceedings for:

  (a)   a prosecution for an offence specified in an infringement notice; or

  (b)   an application for a pecuniary penalty order in relation to a contravention of a civil penalty provision specified in an infringement notice;

a certificate signed by an authorised officer and stating a matter mentioned in subregulation   (2) is evidence of the matter.

  (2)   The matter is that:

  (a)   the authorised officer did not allow further time for payment of the infringement notice penalty and the penalty was not paid within 28 days after the date of service of the infringement notice; or

  (b)   the authorised officer allowed a further period (as specified in the certificate) for payment of the infringement notice penalty and the penalty was not paid within the further period; or

  (c)   the authorised officer withdrew the infringement notice on a day specified in the certificate.

  (3)   A certificate that purports to have been signed by an authorised officer is taken to have been signed by that person unless the contrary is proved.


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