Commonwealth Numbered Regulations

1986 No. 335 NAVIGATION (ORDERS) REGULATIONS (AMENDMENT) - REG 1

The Navigation (Orders) Regulations are amended by adding at the end the
following regulation: Evidentiary provision

"6. (1) In this regulation, unless the contrary intention appears-
'container' has the same meaning as in Division 9 of Part IV of the Act;
'prescribed unit' means an article, a package, or a combination of articles or
packages into a single package.

"(2) In a prosecution for an offence referred to in regulation 4-

   (a)  evidence of a marking (not being a marking referred to in paragraph
        (b)) borne at a particular time by a prescribed unit, or by a label
        attached to a prescribed unit (not being a prescribed unit to which a
        certificate referred to in paragraph (c) relates), purporting to
        specify the weight of the prescribed unit, is evidence that the weight
        of the prescribed unit at that time was the weight so specified;

   (b)  evidence of a marking borne by a prescribed unit, or by a label
        attached to a prescribed unit, purporting to specify the weight of the
        prescribed unit at a specified time or in specified circumstances is
        evidence that the weight of the prescribed unit at that time or in
        those circumstances, as the case may be, is or was the weight so
        specified;

   (c)  a certificate purporting to be issued by the keeper or person in
        charge of a weighing machine stating that a prescribed unit has been
        weighed by the person purporting to issue the certificate and found to
        be of the weight stated in the certificate is evidence of the facts
        stated in the certificate; and

   (d)  evidence of a marking borne at a particular time by a container or
        prescribed unit, or by a label attached to a container or prescribed
        unit, purporting to specify the contents of the container or
        prescribed unit is evidence that the contents of the container or
        prescribed unit, as the case may be, at that time were the contents so
        specified.".