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FISHERIES ACT 1995 - SECT 125

Evidence of locality

S. 125(1) amended by No. 5/1997
s. 26(1).

    (1)     Upon any proceedings for an offence under this Act

        (a)     charts of marine or estuarine waters purporting to be published or compiled by Her Majesty's Admiralty, or by, or for the use of, or from information supplied by, any naval forces of Her Majesty, are evidence of any matter that is apparent on the charts or of any distance that may be calculated from the charts;

        (b)     for the purpose of making calculations any bearing taken by an authorised officer by compass, or any distance, height or depth observed or calculated by an authorised officer by any mechanical, electronic or sonic device or other scientific instrument is evidence of direction, distance, height or depth;

        (c)     if it is necessary to establish a position on the surface of the Earth, evidence of that position obtained by the use of a prescribed positioning device is proof of that position in the absence of evidence to the contrary.

S. 125(2) substituted by No. 5/1997
s. 26(2).

    (2)     In any proceedings for an offence under this Act, the statement of an authorised officer that any place, locality or area is a place, locality or area referred to under this Act is evidence that the place, locality or area described is the place, locality or area referred to under this Act.

S. 125(3) amended by Nos 5/1997
s. 26(3), 35/2009 s. 70.

    (3)     If, for the purposes of this Act, it is necessary to determine the position on the surface of the Earth or a point, line or area, that reference may be determined by reference to the Geocentric Datum of Australia or the Australian Map Grid or by reference to distance and direction from structures, landmarks or other features.

S. 126 substituted by No. 5/1997 s. 27, amended by No. 6/2018 s. 68(Sch. 2 item 56.2).



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