Victorian Numbered Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 (NO. 46 OF 2008) - SECT 258

After section 50 of the Food Act 1984 insert —

    " 50AA     Evidentiary certificate signed by the Secretary

In any proceeding for an offence against this Act, a certificate signed by the Secretary 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—

              (i)     an appointment, authorisation, exemption; declaration or other decision;

              (ii)     an order or 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 authorisation as an authorized 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 order, 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 by a stated person and has not been paid.

        50AB     Evidentiary certificate signed by Chief Executive Officer of a council

In any proceeding for an offence against this Act, 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—

              (i)     an appointment, authorisation, exemption; declaration or other decision;

              (ii)     an order or 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 authorized officer was, or was not, in force for a stated person;

        (h)     on a stated day, a stated person was given a stated order, 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 by a stated person and has not been paid.

        50AC     Evidence of signatures

A signature purporting to be the signature of the Minister, the Secretary, an authorized officer, the Chief Executive Officer of a council or an analyst is evidence of the signature it purports to be.".