Queensland Consolidated Acts

MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 231

231 Evidentiary aids

(1) A certificate stating any of the following matters is evidence of the matter—

(a) a stated document is—

(i) an appointment or a copy of an appointment; or

(ii) a directive or a copy of a directive given under this Act; or

(iii) a decision, or a copy of a decision, given or made under this Act; or

(iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;

(b) on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing;

(c) on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force;

(d) on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act;

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

(f) a stated location is within the boundaries of land that is the subject of a stated mining tenure.

(2) A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production in a proceeding, evidence of the matters appearing on and in the document.

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

(4) Any instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary.

(5) In this section—

"certificate" means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, a district workers’ representative or a site safety and health representative.