Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 58.

58. (1) In proceedings for an offence against section 54, evidence of any
statute, code, regulation, proclamation or other written law of Papua New
Guinea may be given by the production of-

   (a)  a book or pamphlet purporting to be published by the authority of the
        government of Papua New Guinea containing the statute, code,
        regulation, proclamation or other written law, as the case may be; or

   (b)  a photographic reproduction of such a book or pamphlet.

(2) In proceedings for an offence against section 54, evidence of the
unwritten or common law of Papua New Guinea may be given by the production of
a book of reports of cases adjudged in the courts of Papua New Guinea or of a
photographic reproduction of such a book of reports of cases purporting, or
proved to the satisfaction of the court, to be authorized reports.

(3) In proceedings for an offence against section 54, evidence of-

   (a)  a judgment, decree, rule, conviction, acquittal, sentence or other
        order, process, act or decision of any court of Papua New Guinea; or

   (b)  an affidavit, indictment or other legal document filed, deposited or
        presented in such a court, may be given by the production of a
        document purporting to be a copy thereof and purporting-

   (c)  to be sealed with the seal of that court; or

   (d)  to be signed by a judge of that court with a statement in writing
        attached by the judge to his signature that that court has no seal.

(4) In proceedings for an offence against section 54, an averment of the
prosecutor, contained in the information or complaint, that-

   (a)  the conduct alleged to constitute the offence took place in an area of
        waters specified in the averment;

   (b)  at a time or during a period specified in the averment, a person
        specified in the averment was, or was not, the holder of a licence
        granted under this Act in respect of a boat, being a licence in
        respect of which an endorsement granted under the law of Papua New
        Guinea pursuant to Article 26 of the Torres Strait Treaty was in
        force; or

   (c)  at a time or during a period specified in the averment, conditions
        specified in the averment were the conditions to which an endorsement
        of a kind referred to in paragraph (b) was subject under the law of
        Papua New Guinea, is prima facie evidence of the matter averred.

(5) Subject to sub-section (6), a court may, at any time in proceedings for an
offence against section 54, order that facts-

   (a)  that are within the knowledge of a person who is a resident of Papua
        New Guinea; and

   (b)  direct oral evidence of which would be admissible in the proceedings,
        may be proved by affidavit, including an affidavit sworn before a
        person authorized under the law of Papua New Guinea to administer
        affidavits.

(6) A court shall not, in proceedings for an offence against section 54, make
an order under sub-section (5) if a party to the proceedings desires in good
faith that the maker of an affidavit that is proposed to be used in the
proceedings be cross-examined with respect to the matters contained in the
affidavit.