Victorian Current Acts Victorian Current ActsS. 88(1) amended by No. 76/1998 s. 3(1)(x).
(1) A certificate under the seal of the Secretary to the effect that—
(a) the person referred to in the certificate is an authorised officer; or
S. 88(1)(b) amended by No. 96/1994 s. 50.
(b) a person holds an authority on such terms and conditions as referred to in the certificate or does not hold an authority; or
S. 88(1)(c) inserted by No. 96/1994 s. 50.
(c) a road or track on Crown land (including reserved forest) is or is not closed (whether temporarily or permanently) for the purposes of a relevant law—
is evidence of that fact.
S. 88(1A) inserted by No. 19/2018 s. 78(2).
(1A) A certificate signed by the chief executive officer of Parks Victoria to the effect that—
(a) the person referred to in the certificate is an authorised officer appointed by Parks Victoria; or
(b) the person holds an authority issued by Parks Victoria on such terms and conditions as referred to in the certificate or does not hold an authority; or
(c) a road or track on Crown land (including reserved forest) that is relevant Parks Victoria land, is or is not closed (whether temporarily or permanently) for the purposes of a relevant law—
is evidence of that fact.
S. 88(1B) inserted by No. 42/2021 s. 41(2).
(1B) A certificate signed by the chief executive officer of the Great Ocean Road Coast and Parks Authority to the effect that—
(a) the person referred to in the certificate is an authorised officer appointed by the Authority; or
(b) the person holds an authority issued by the Authority on such terms and conditions as referred to in the certificate or does not hold an authority; or
(c) a road or track on Crown land (including reserved forest) that is land controlled and managed by the Authority, is or is not closed (whether temporarily or permanently) for the purposes of a relevant law—
is evidence of that fact.
S. 88(2) amended by No. 76/1998 s. 3(1)(x).
(2) In proceedings under a relevant law a certificate under the seal of the Secretary as to the value of property or the amount of cost charges or expenses incurred for the purposes of a relevant law is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
S. 88(2A) inserted by No. 19/2018 s. 78(3).
(2A) In proceedings under a relevant law in respect of relevant Parks Victoria land and to which Parks Victoria is a party, a certificate signed by the chief executive officer of Parks Victoria as to the value of property or the amount of costs, charges or expenses incurred for the purposes of a relevant law is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
S. 88(2B) inserted by No. 42/2021 s. 41(3).
(2B) In any proceeding under a relevant law in respect of land controlled and managed by the Great Ocean Road Coast and Parks Authority and to which the Authority is a party, a certificate signed by the chief executive officer of the Authority as to the value of property or the amount of costs, charges or expenses incurred for the purposes of a relevant law is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
S. 88(2C) inserted by No. 42/2021 s. 41(3).
(2C) The chief executive officer of the Great Ocean Road Coast and Parks Authority must cause a copy of a certificate referred to in subsection (2B) to be served with the charge‑sheet, summons to answer a charge or application in the proceeding.
S. 88(3) amended by No. 76/1998 s. 3(1)(x).
(3) A person cannot bring evidence disputing a statement in a certificate mentioned in subsection (2) in proceedings under a relevant law unless, at least 3 days before the hearing of the proceedings, the person has served on the Secretary written notice that the person intends to bring that evidence.
S. 88(3A) inserted by No. 19/2018 s. 78(4).
(3A) A person cannot bring evidence disputing a statement in a certificate mentioned in subsection (2A) in proceedings under a relevant law unless, at least 3 days before the hearing of the proceedings, the person has served on Parks Victoria written notice that the person intends to bring that evidence.
S. 88(3B) inserted by No. 42/2021 s. 41(4).
(3B) A person cannot bring evidence disputing a statement in a certificate referred to in subsection (2B) in any proceeding under a relevant law unless, at least 3 days before the hearing of the proceeding, the person has served on the Great Ocean Road Coast and Parks Authority written notice that the person intends to bring that evidence.
S. 88(4) amended by Nos 57/1989 s. 3(Sch. item 27.2), 76/1998 s. 3(1)(x).
(4) The Secretary must cause a copy of a certificate mentioned in subsection (2) to be served with the charge-sheet, summons to answer to a charge or application in the proceedings.
S. 88(4A) inserted by No. 19/2018 s. 78(5).
(4A) The chief executive officer of Parks Victoria must cause a copy of a certificate mentioned in subsection (2A) to be served with the charge‑sheet, summons to answer a charge or application in the proceedings.
(5) In proceedings under a relevant law, as well as any other method of proof available—
(a) evidence that a person is rated in respect of land or premises under a general rate of the municipality within which the land is or the premises are located; or
(b) the production of a certified copy of a Crown grant, certificate of title or registered instrument given under section 114(2) of the Transfer of Land Act 1958 showing a person as the registered proprietor of an estate in fee simple or a leasehold estate in land; or
(c) the production of a certificate by the Registrar-General, or a deputy Registrar-General authorised under the seal of the Registrar-General, to the effect that a person appears from a memorial of any deed, conveyance or instrument to be the last registered owner of any land—
is evidence and, in the absence of evidence to the contrary, is proof that the person is the occupier or owner (as the case requires) of the land or premises.
S. 88(6) amended by No. 76/1998 s. 3(1)(x).
(6) On receiving a request from the Secretary for a certificate under subsection (5)(c) and stating that the certificate is required for the purpose of legal proceedings under a relevant law, and on payment of the prescribed fee (if any) the Registrar-General must give the certificate so requested.
S. 88(7) inserted by No. 61/1993 s. 36(f), amended by No. 76/1998 s. 3(1)(x).
(7) This section and section 89 apply to any matter in respect of which the Victorian Plantations Corporation has a function or power as if a reference in those provisions to the Secretary included a reference to that Corporation.
S. 88A inserted by No. 87/1997 s. 45.