AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PRIMARY PRODUCE SAFETY ACT 2011 - SECT 77

Evidence

(1)  A certificate signed by the Secretary certifying as to the appointment of an authorised officer under this Act is admissible in any proceedings under this Act and is, until the contrary is proved, evidence of the matter so certified.
(2)  A certificate signed by the Chief Inspector certifying as to –
(a) an accreditation under this Act; or
(b) a food safety program under this Act; or
(c) any authorisation, approval, consent or agreement given by the Chief Inspector under this Act; or
(d) any clearance given by the Chief Inspector under this Act; or
(e) any exemption given under this Act; or
(f) the compliance by a person with a food safety scheme, or with any notice, requirement, order or direction issued under this Act; or
(g) the approval of a food safety auditor under this Act; or
(h) any delegation under this Act; or
(i) any notice, requirement, order or direction issued by the Chief Inspector under this Act; or
(j) any application made or received under this Act; or
(k) the receipt or non-receipt by the Chief Inspector of any information or return under this Act; or
(l) any information held in any public register established or maintained under this Act; or
(m) the levying, payment or non-payment of any fees or charges under this Act –
is admissible in any proceedings under this Act and is, until the contrary is proved, evidence of the matters so certified.
(3)  A certificate signed by an authorised officer certifying as to –
(a) whether any substance is or was primary produce of a particular kind or the product of primary produce of a particular kind; or
(b) the premises where, or the person by whom, any primary produce was produced; or
(c) the fitness, safety or suitability of any primary produce for human consumption; or
(d) the fitness, safety or suitability of any primary produce for consumption by pets; or
(e) the inspection by the authorised officer of any primary produce, premises, vehicle or equipment; or
(f) the seizure by the authorised officer of any primary produce, equipment, document, record or other thing under this Act; or
(g) any sample of anything taken, or any test or analysis performed by the authorised officer under this Act, and the results of any such sample, test or analysis; or
(h) any notice, requirement, order or direction issued by the authorised officer under this Act –
is admissible in any proceedings under this Act and is, until the contrary is proved, evidence of the matters so certified.
(4)  If in any proceedings it is proved that any primary produce was on any premises used by a person for or in connection with a primary production activity, it shall, unless the contrary is established, be evidence that the primary produce was held in that person's possession for the purpose of supply by that person, either in its present form or as an ingredient or a part of a product supplied by that person.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]