Queensland Consolidated Acts

FOOD ACT 2006 - SECT 250

250 Evidentiary provisions

(1) A certificate purporting to be signed by the chief executive or a chief executive officer and stating any of the following matters is evidence of the matter—

(a) a stated document is one of the following things made, given, issued or kept under this Act—

(i) an appointment, approval or decision;

(ii) a notice or requirement;

(iii) a licence;

(iv) an order;

(v) a record, or an extract from a record;

(b) a stated document is another document kept under this Act;

(c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;

(d) on a stated day, or during a stated period, a stated person was or was not a licensee;

(e) on a stated day, or during a stated period, a licence —

(i) was or was not in force; or

(ii) was or was not subject to a stated condition;

(f) on a stated day, a licence was suspended or cancelled;

(g) on a stated day, or during a stated period, an approval as an auditor was, or was not, in force for a stated person;

(h) on a stated day, or during a stated period, an appointment as an authorised person or a State analyst was, or was not, in force for a stated person;

(i) on a stated day, or during a stated period, an approval as an approved laboratory was, or was not, in force for a stated entity;

(j) on a stated day, a stated person was given a stated notice or order under this Act;

(k) on a stated day, a stated requirement was made of a stated person;

(l) a stated amount is payable under this Act by a stated person and has not been paid.

(2) A certificate of analysis for a thing taken for analysis under this Act stating any of the following matters is evidence of the matters—

(a) the qualifications of the person (the
"analyst" ) who conducted the analysis;

(b) the analyst received the thing from a stated person;

(c) the thing was analysed at a stated place on a stated day or during a stated period;

(d) the methodology used to analyse the thing;

(e) the results of the analysis.

(3) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.

(4) In a proceeding in which the State or a local government applies under section 255 to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that the costs were incurred and the way in which, and the purpose for which, they were incurred is evidence of the matters stated.