Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 118

118 Evidentiary provisions

(1) This section applies to a proceeding under this Act or another Act prescribed by regulation.

(2) Unless a party, by reasonable notice, requires proof of—

(a) the appointment of the chief executive, general manager, an analyst or an authorised officer; or

(b) the authority of the chief executive, general manager, an analyst or an authorised officer to do anything under this Act;

the appointment or authority must be presumed.

(3) A signature purporting to be the signature of the chief executive, general manager, an analyst or an authorised officer is evidence of the signature it purports to be.

(4) A certificate purporting to be signed by the Minister stating that a stated person is or was the general manager at a time or during a stated period is evidence of the matter stated in the certificate.

(5) A certificate purporting to be signed by the chief executive or general manager stating any of the following matters is evidence of the matter—

(a) a stated document is—

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

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

(iii) 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 person was or was not the holder of an approval or a stated approval;

(c) a stated approval was or was not in force on a stated day or during a stated period;

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

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

(f) a stated substance is a pollutant;

(g) an instrument, equipment or installation was used in accordance with conditions prescribed by regulation for its use;

(h) anything else prescribed by regulation.

(6) 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.

(7) The production by the prosecutor of a signed analyst’s report stating any of the following matters is evidence of them—

(a) the analyst took, or received from a stated person, the sample mentioned in the report;

(b) the analyst analysed the sample on a stated day, or during a stated period, and at a stated place;

(c) the results of the analysis.

(8) Any instrument, equipment or installation prescribed by regulation that is used by an authorised officer or analyst in accordance with the conditions (if any) prescribed by regulation is taken to be accurate and precise in the absence of evidence to the contrary.

(9) In a proceeding in which the general manager applies to recover the costs and expenses incurred by the State, a port authority or a port operator in relation to the discharge of a pollutant the following certificates are evidence of the matters stated in them—

(a) a certificate by the general manager stating that stated costs and expenses were incurred by the State, a port authority or a port operator and the way and purpose for which they were incurred;

(b) a certificate by the chief executive that an election was made under section 113 (3) or 122 (2) .