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BIOSECURITY ACT 2015 - SECT 393
Evidentiary certificates
393 Evidentiary certificates
(1) A certificate that is issued by the Secretary and that states any of the
following matters is admissible in any legal proceedings and is evidence of
the matters so stated-- (a) that an instrument was issued, made or given under
this Act, or signed, on a specified day, by a specified person,
(b) the terms
of any instrument issued, made or given, or purported to be made, issued or
given, under this Act, as in force on a specified day or during a specified
period,
(c) that an instrument issued, made or given under this Act was
amended or revoked, the day on which it was amended or revoked, and the terms
of any amendment,
(d) the terms of any approved form, on a specified day or
during a specified period,
(e) the terms of any application made to the
Secretary under this Act,
(f) that a function was delegated under this Act,
including the following-- (i) the person or persons to whom the function was
delegated,
(ii) the date of the delegation,
(iii) the period during which
the delegation had effect,
(iv) the terms of the delegation, including any
restrictions or limitations on the delegation,
(g) that a person who made,
gave or issued, or purported to make, give or issue, an instrument under this
Act was the holder of a specified office on a specified day or during a
specified period,
(h) that a person was or was not authorised under this Act
(including as a delegate) to exercise specified functions under this Act, on a
specified day or during a specified period,
(i) that a person was or was not,
on a specified day or during a specified period, a registered entity under
this Act,
(j) that a person was or was not, on a specified day or during a
specified period, the holder of a permit under this Act,
(k) the terms of any
permit issued under this Act, including any conditions or restrictions on a
permit, as in force on a specified day or during a specified period,
(l) that
a person was, on a specified day or during a specified period-- (i) an
authorised officer, or
(ii) Chief Plant Protection Officer or Deputy Chief
Plant Protection Officer, or
(iii) Chief Veterinary Officer or Deputy Chief
Veterinary Officer, or
(iv) an authorised analyst,
(m) the terms of, and any
conditions of or limitations on, the following, as in force on a specified day
or during a specified period-- (i) a person's appointment as an authorised
officer under this Act,
(ii) an approval that authorises an authorised
officer to exercise the functions of a biosecurity certifier or
biosecurity auditor,
(n) that a person was or was not, on a specified day or
during a specified period-- (i) a registered entity, or
(ii) a
biosecurity certifier, or
(iii) a biosecurity auditor, or
(iv) an
accreditation authority,
(o) the terms of, and any conditions of or
limitations on, the following, as in force on a specified day or during a
specified period-- (i) a person's biosecurity registration,
(ii) a person's
accreditation as a biosecurity certifier under this Act,
(iii) a person's
appointment as a biosecurity auditor under this Act,
(iv) a person's approval
as an accreditation authority,
(p) the suspension or cancellation of any of
the following, on a specified day-- (i) biosecurity registration,
(ii)
accreditation as a biosecurity certifier under this Act,
(iii) appointment as
a biosecurity auditor under this Act,
(iv) approval as an
accreditation authority,
(q) that a specified authorised officer gave a
specified person a written biosecurity direction on a specified day, and the
terms of that biosecurity direction,
(r) the terms of any biosecurity
undertaking executed, the persons who executed the biosecurity undertaking and
the date it was executed, and the terms and date of any variation to or
withdrawal from that biosecurity undertaking,
(s) that a report on a
biosecurity audit was received by the Secretary on a particular day, and the
particulars of any report so received,
(t) that a notice or other information
was provided by a person to the Secretary, or any other person authorised by
or under this Act to receive the notice or information, on a specified date,
and particulars of the notice or information provided,
(u) that a person was,
on a specified date, directed to engage a biosecurity auditor to conduct a
biosecurity audit,
(v) that an amount payable under this Act by a specified
person has, or has not, been paid,
(w) that a particular code has been issued
as part of the National Livestock Identification System in respect of a
person, property or animal, the date on which the code was issued and whether
the code is active on any particular day.
(2) For the purposes of this
section, a document purporting to be a certificate under this section is,
unless the contrary is proved, taken to be such a certificate.
(3) In this
section--
"given" includes served.
"instrument" includes a control order, emergency order or biosecurity
certificate.
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