Commonwealth Numbered Acts

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TRADEX SCHEME ACT 1999 - SECT 41

Evidentiary matters
(1)
At the hearing of a prosecution for an offence against section 28, a certificate signed by the Secretary stating:

(a)
that the Secretary did not allow a further period under section 43 for payment under subsection 21(3) of the tradex duty; and

(b)
that the whole or a part of the tradex duty was not paid within the period applicable under that subsection;

is evidence of those matters.

(2)
At the hearing of a prosecution for an offence against section 28, a certificate signed by the Secretary stating:

(a)
that the Secretary allowed a further period under section 43 for payment under subsection 21(3) of the tradex duty; and

(b)
that the whole or a part of the tradex duty was not paid before the end of the further period;

is evidence of those matters.

(3)
At the hearing of a prosecution for an offence against section 28 in respect of which an infringement notice was served, a certificate signed by the Secretary stating:

(a)
that the Secretary did not allow a further period under section 43 for payment under paragraph 34(1)(e) of any unpaid tradex duty and the penalty specified in the notice; and

(b)
that the whole or a part of any unpaid tradex duty or of the penalty was not paid in accordance with the notice within the period applicable under that paragraph;

is evidence of those matters.

(4)
At the hearing of a prosecution for an offence against section 28 in respect of which an infringement notice was served, a certificate signed by the Secretary stating:

(a)
that the Secretary allowed a further period under section 43 for payment under paragraph 34(1)(e) of any unpaid tradex duty and the penalty specified in the notice; and

(b)
that the whole or a part of any unpaid tradex duty or of the penalty was not paid in accordance with the notice before the end of the further period;

is evidence of those matters.

(5)
At the hearing of a prosecution for an offence against section 28 in respect of which an infringement notice was served, a certificate signed by the Secretary stating that the notice was withdrawn on a day stated in the certificate is evidence of that fact.

(6)
A document that purports to be a certificate signed by the Secretary is taken to be such a certificate unless the contrary is proved.


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