Queensland Numbered Acts

MARINE PARKS ACT 2004 No. 31 - SECT 128

(1) A certificate signed by the chief executive or an inspector may state that--

(a) the person used equipment prescribed under a regulation to retrieve data sent from the monitoring system equipment for a stated aircraft or vessel; and

(b) the data recorded the monitoring system equipment's position to be at a stated place at a stated time on a stated day.

(2) The certificate is evidence that the aircraft or vessel was at the place at the time on the day.

Example--

An inspector signs a certificate stating that, on 21 January 2004, the inspector, using ABC equipment, being equipment prescribed under a regulation, retrieved data sent from the monitoring system equipment for XYZ boat that recorded the monitoring system equipment's position to be--

(a) at latitude 24&#deg;33'07" south and longitude 152&#deg;57'25" east at 9.30 a.m. on 1 January 2002; and

(b) at latitude 24&#deg;28'00" south and longitude 152&#deg;55'32" east at 12.45 p.m. on 5 January 2002.

The inspector's certificate is evidence the XYZ boat was at the places stated in paragraphs (a) and (b) at the times and on the days stated.

(3) For subsection (1), a single certificate may be issued for data sent at more than 1 time on a day or on more than 1 day.

(4) In this section--

monitoring system equipment means--

(a) for an aircraft--equipment--

(i) used as part of a system that monitors the position and operation of the aircraft; and

(ii) required under this or another Act or a law of the Commonwealth or another State to be carried on the aircraft; or

(b) for a vessel--equipment--

(i) used as part of a system that monitors the position and operation of the vessel; and

(ii) required under this or another Act or a law of the Commonwealth or another State to be carried on the vessel.