AustLII Tasmanian Numbered Acts

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BIOSECURITY ACT 2019 (NO. 22 OF 2019) - SECT 238

Division 2 - Evidentiary provisions Evidentiary certificates

(1)  In this section –
given includes served;
instrument includes, but is not limited to, a control order, emergency order or biosecurity certificate.
(2)  A certificate that is issued by the Secretary and that states any of the following matters is admissible as evidence in any legal proceedings as evidence of the matters so stated:
(a) that an instrument was issued, made, granted or given under this Act, or signed, on a specified day, by a specified person;
(b) the terms of any instrument issued, made, granted or given, or purported to be issued, made, granted or given, under this Act, as in force on a specified day or during a specified period;
(c) that an instrument issued, made, granted or given under this Act was amended or revoked, the day on which it was amended or revoked, and the terms of any amendment;
(d) the terms of any approved form, on a specified day or during a specified period;
(e) the terms of any application made under this Act;
(f) that a function was delegated under this Act, including the following:
(i) the person or persons to whom the function was delegated;
(ii) the date of the delegation;
(iii) the period during which the delegation had effect;
(iv) the terms of the delegation, including any restrictions or limitations on the delegation;
(g) that a person who made, gave, granted or issued, or purported to make, give, grant or issue, an instrument under this Act was the holder of a specified office on a specified day or during a specified period;
(h) that a person was or was not authorised under this Act (including as a delegate) to perform specified functions under this Act, on a specified day or during a specified period;
(i) that a person was or was not, on a specified day or during a specified period, a registered entity under this Act;
(j) that a person was or was not, on a specified day or during a specified period, the holder of a permit under this Act;
(k) the terms of any permit granted under this Act, including any conditions or restrictions on a permit, as in force on a specified day or during a specified period;
(l) that a person was, on a specified day or during a specified period –
(i) an authorised officer; or
(ii) Chief Veterinary Officer or Deputy Chief Veterinary Officer; or
(iii) Chief Plant Protection Officer or Deputy Chief Plant Protection Officer; or
(iv) an authorised analyst;
(m) the terms of, and any conditions of or limitations on, the following, as in force on a specified day or during a specified period:
(i) a person’s appointment as an authorised officer or authorised analyst under this Act;
(ii) an approval that authorises an authorised officer to perform the functions of a biosecurity certifier or biosecurity auditor;
(n) that a person was or was not, on a specified day or during a specified period –
(i) a registered entity; or
(ii) a biosecurity certifier; or
(iii) a biosecurity auditor; or
(iv) an accreditation authority;
(o) the terms of, and any conditions of or limitations on, the following, as in force on a specified day or during a specified period:
(i) a person’s biosecurity registration;
(ii) a person’s accreditation as a biosecurity certifier;
(iii) a person’s appointment as a biosecurity auditor;
(iv) a person’s approval as an accreditation authority;
(p) the suspension or cancellation of any of the following, on a specified day:
(i) a person’s biosecurity registration;
(ii) a person’s accreditation as a biosecurity certifier;
(iii) a person’s appointment as a biosecurity auditor;
(iv) a person’s approval as an accreditation authority;
(q) that a specified authorised officer gave a specified person a written biosecurity direction on a specified day, and the terms of that biosecurity direction;
(r) the terms of any biosecurity undertaking executed, the persons who executed the biosecurity undertaking and the date on which it was executed, and the terms and date of any variation to or withdrawal from that biosecurity undertaking;
(s) that a report on a biosecurity audit was received by the Secretary on a particular day, and the particulars of any report so received;
(t) that a notice or other information was provided by a person to the Secretary, or any other person authorised by or under this Act to receive the notice or information, on a specified date, and particulars of the notice or information provided;
(u) that a person was, on a specified date, directed to engage a biosecurity auditor to perform a biosecurity audit;
(v) that an amount payable under this Act by a specified person has, or has not, been paid.
(3)  For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, taken to be such a certificate.



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