Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 57.

57. (1) Where, in proceedings for an offence against this Act or the
regulations-

   (a)  an officer gives evidence that he suspects that-

        (i)    fish to which the charge relates were taken in a particular
               part of the Protected Zone or in an area in respect of which a
               Proclamation is in force under sub-section 15 (1) or (2);

        (ii)   fish to which the charge relates were taken for
               private purposes; or

        (iii)  fish to which the charge relates were taken in the course of
               traditional fishing, community fishing or commercial fishing
               (other than community fishing),

together with evidence of the grounds on which he so suspects; and

   (b)  the court considers that, having regard to that evidence, the
        suspicion is reasonable, the fish shall, in the absence of evidence to
        the contrary, be deemed to have been taken in that area, for those
        purposes or in the course of traditional fishing, community fishing or
        commercial fishing (other than community fishing), as the case may be.

(2) The Minister or a person authorized in writing by him to give certificates
under this section may give a certificate, for the purposes of proceedings for
an offence against this Act or the regulations stating-

   (a)  that, at a time or during a period specified in the certificate, a
        boat identified in the certificate was, or was not, an
        Australian boat, a Papua New Guinea boat or a foreign boat;

   (b)  that, at a time or during a period specified in the certificate, a
        person specified in the certificate was, or was not, the holder of a
        licence in force under sub-section 19 (1);

   (c)  that, at a time or during a period specified in the certificate, there
        was, or was not, in force in respect of a boat identified in the
        certificate, a licence under section 19 or a Treaty endorsement;

   (d)  that, at a time or during a period specified in the certificate, there
        was in force in respect of a boat identified in the certificate a
        licence under section 19 or a Treaty endorsement, being a licence or
        endorsement, as the case may be, specified in the certificate to be
        one-

        (i)    that authorized or that did not authorize the use of the boat
               for activities specified in the certificate in an area
               specified in the certificate; or

        (ii)   in respect of which an entry under section 21 was or was not in
               force that authorized or that did not authorize the use of the
               boat for activities specified in the certificate;

   (e)  that, at a time or during a period specified in the certificate, a
        person specified in the certificate was a person in relation to whom
        an authorization under sub-section 3 (4) was in force; or

   (f)  that, at a time or during a period specified in the certificate, a
        person specified in the certificate was or was not the holder of a
        permit under section 12 authorizing the person to engage in activities
        specified in the certificate.

(3) Without limiting the operation of sub-section (2), the Minister or a
person authorized in writing by him to give certificates under this section
may give a certificate certifying as to any matter relating to the making of
decisions by the Protected Zone Joint Authority established under Part V
relating to instruments executed by the Protected Zone Joint Authority.

(4) A person giving a certificate under sub-section (2) in relation to a
licence under section 19 or in relation to a Treaty endorsement may, in the
certificate, certify that conditions specified in the certificate were the
conditions to which the licence or endorsement, as the case may be, was, at a
time or during a period specified in the certificate, subject.

(5) In proceedings for an offence against this Act or the regulations, a
certificate given under sub-section (2) is prima facie evidence of the matters
specified in the certificate.

(6) In proceedings for an offence against this Act or the regulations, a
document purporting to be a certificate given under this section shall, unless
the contrary is proved, be deemed to be such a certificate and to have been
duly given.