Victorian Current Acts

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VICTORIAN PLANNING AUTHORITY ACT 2017 - SECT 42

Chief executive officer may issue evidentiary certificates

    (1)     A certificate signed by the chief executive officer stating any of the matters specified in subsection (2) is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

    (2)     For the purposes of subsection (1), the following matters are specified—

        (a)     on a stated day, the Authority or the superseded Authority made a stated determination or decision;

        (b)     the terms of a determination or decision made by the Authority or the superseded Authority;

        (c)     stated information is information recorded in the minutes of the board, or the minutes of the superseded Authority's board, taken on a stated day;

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

              (i)     a director of the Authority or a member of the superseded Authority; or

              (ii)     the chief executive officer or the chief executive officer of the superseded Authority; or

              (iii)     a member of a committee of the Authority; or

              (iv)     an employee of the Authority or the superseded Authority; or

              (v)     a seconded staff member; or

              (vi)     a consultant or contractor engaged by the Authority or the superseded Authority;

        (e)     on a stated day, a stated person disclosed a specific conflict of interest or general conflict of interest and the nature of the disclosure;

        (f)     on a stated day, or during a stated period, a delegation or sub-delegation of a stated function, duty or power by the Authority, the chief executive officer or the superseded Authority to a stated person was in force;

        (g)     a stated document is an instrument of delegation or sub-delegation made under—

              (i)     section 22 or  40; or

              (ii)     section 186, 188, 188A or 190 of the Planning and Environment Act 1987 ; or

              (iii)     section 46AZD of the Planning and Environment Act 1987 as that section was in force from time to time before the commencement day;

        (h)     stated information is information kept in connection with the performance of the Authority's or the superseded Authority's functions under Part 9B of the Planning and Environment Act 1987 ;

              (i)     on a stated day, stated land is or is not within the contribution area;

        (j)     a stated document is a copy of an application made by the Authority or the superseded Authority under section 201UB or 201UC of the Planning and Environment Act 1987 ;

        (k)     the status of any matter that relates to the administration of Part 9B of the Planning and Environment Act 1987 by the Authority or the superseded Authority;

        (l)     a stated document is a copy of a document issued by the Authority or the superseded Authority.

    (3)     In this section—

"commencement day" means the day on which section 56 comes into operation;

"contribution area" has the same meaning as in Part 9B of the Planning and Environment Act 1987 .



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