Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 226

Evidentiary certificate signed by Chief Executive Officer of a Council

    (1)     This section applies to the following—

        (a)     proceedings under section 196 (application for an injunction to compel compliance with, or to restrain a contravention of, an improvement notice or a prohibition notice);

        (b)     proceedings under section 197 (special provisions relating to nuisances);

        (c)     proceedings under section 208 (appeal against an improvement notice or a prohibition notice);

        (d)     proceeding for an offence against this Act or the regulations brought under section 219(2).

    (2)     A certificate signed by the Chief Executive Officer of a Council stating any of the following matters is evidence of the matter—

        (a)         a stated document is one of the following things made, given or issued under this Act or the regulations

              (i)     an appointment or a decision;

              (ii)     a notice, direction or requirement;

              (iii)     a registration;

              (iv)     a record or an extract from a record;

              (v)     a register or an extract from a register;

        (b)     a stated document is a copy of a thing referred to in paragraph (a);

        (c)     on a stated day, or during a stated period, a stated person was or was not the holder of a registration;

        (d)     on a stated day, or during a stated period, a registration—

              (i)     was or was not in force; or

              (ii)     was or was not subject to a stated condition;

        (e)     on a stated day, or during a stated period, a registration was suspended;

        (f)     on a stated day a registration was cancelled, varied, transferred or surrendered;

        (g)     on a stated day, or during a stated period, an appointment as an authorised officer or analyst was, or was not, in force for a stated person;

        (h)     on a stated day, a stated person was given a stated notice or direction under this Act;

              (i)     on a stated day, a stated requirement was made of a stated person;

        (j)     a stated amount is payable under this Act or the regulations by a stated person and has not been paid.



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