South Australian Numbered Acts South Australian Numbered Acts (1) In proceedings for
an offence against this Act, an apparently genuine document purporting to be a
certificate signed by the Minister certifying—
(a) that
a person named in the certificate was or was not at a specified time the
holder of a specified authority; or
(b) that
a provision set out in the certificate was at a specified time a condition of
a specified authority; or
(c) that
a boat specified in the certificate was or was not at a specified time a
registered boat; or
(d) that
a person specified in the certificate was or was not at a specified time a
registered master in relation to a specified boat; or
(e) that
an amount specified in the certificate was at a specified time the wholesale
value of a specified species of aquatic resource; or
(f) that
the Minister had or had not consented to the use of a boat specified in the
certificate in the place of a specified registered boat at a specified time;
or
(g) that
the Minister had or had not consented to a person specified in the certificate
being in charge of a specified boat in the place of the registered master at a
specified time,
is, in the absence of proof to the contrary, proof of the matters certified.
(2) In proceedings for
an offence against this Act, an apparently genuine document purporting to be a
certificate signed by a fisheries officer certifying—
(a) that
aquatic resources taken by, or in the possession or control of, a specified
person, was, on a specified day, of a specified weight, measure or count; and
(b) that
the weight, measure or count was determined by means of a prescribed procedure
or by use of prescribed apparatus,
is, in the absence of proof to the contrary, proof of the weight, measure or
count of that aquatic resource.
(3) In proceedings for
an offence against this Act, an allegation in the complaint—
(a) that
a person named in the complaint was at a specified time a fisheries officer or
scientific observer; or
(b) that
aquatic resources in relation to which any act or omission is alleged to have
been done or made was an aquatic resource of a specified species, sex, size or
weight, or was an aquatic resource having any other specified characteristic;
or
(c) that
any purpose specified in the complaint was the purpose for which any act was
done,
is, in the absence of proof to the contrary, proof of the matter alleged.
(4) In proceedings for
an offence against this Act, if it is proved that an aquatic resource was in
the possession or control of a person on a particular day in proximity to
waters to which this Act applies, or an area of such waters specified in the
complaint, it will be presumed, in the absence of proof to the contrary, that
the aquatic resource was taken by that person from such waters or area of
waters on that day.
(5) In proceedings for
an offence against this Act, if it is proved that on a particular day in
proximity to waters to which this Act applies, or an area of such waters
specified in the complaint, a person had in his or her possession or control
any aquatic resource and a device capable of being used for taking such
aquatic resource, it will be presumed, in the absence of proof to the
contrary, that the person took the aquatic resource by means of that device on
that day from such waters or area of waters.
(6) In proceedings for
an offence against this Act, if it is proved that an aquatic resource was in a
boat on a particular day in proximity to waters to which this Act applies, or
an area of such waters specified in the complaint, it will be presumed in the
absence of proof to the contrary, that the boat was used for the purpose of
taking the aquatic resource from such waters or area of waters on that day.
(7) In proceedings for
an offence against this Act, if it is proved that on a particular day in
proximity to waters to which this Act applies, or an area of such waters
specified in the complaint, a person had in his or her possession or control a
device that is prohibited under this Act or the use of which is prohibited in
such waters or area of waters, it will be presumed, in the absence of proof to
the contrary, that the person had used that device for the purpose of taking
aquatic resources in such waters or area of waters on that day.
(8) In proceedings for
an offence against this Act, evidence of a distance, height, depth or position
as determined by the use of an electronic, sonic, optical, mechanical or other
device by a fisheries officer or any other competent person will, in the
absence of proof to the contrary, be accepted as proof of the distance,
height, depth or position.
(9) In proceedings for
an offence against this Act, a statement made in evidence by a
fisheries officer that a place or area described or indicated by him or her
was within waters specified by or under this Act will, in the absence of proof
to the contrary, be accepted as proof of the matter so stated.
(10) In proceedings
for an offence against this Act, a statement made in evidence by a
fisheries officer that any packaging, label, slip or mark on the outside or
inside of a receptacle, container, box or package of aquatic resources
consigned for or on sale was marked with or contained the name or brand of any
person will, in the absence of proof to the contrary, be accepted as proof
that person consigned those aquatic resources for or on sale.