Victorian Numbered Acts

RADIATION ACT 2005 (NO 62 OF 2005) - SECT 131

    (1)         In any proceeding for an offence against this Act or the regulations, 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 or the regulations—

              (i)     an appointment or a decision;

              (ii)     a notice, direction or requirement;

              (iii)     an authority;

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

              (v)     the register or an extract from the 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 an authority;

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

              (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, an authority was suspended;

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

        (g)     on a stated day, or during a stated period, an appointment as an authorised officer or a radiation 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 by a stated person and has not been paid.

    (2)     A certificate of examination and analysis signed by a radiation analyst stating any of the following matters is evidence of the matters—

        (a)         the analyst's qualifications;

        (b)         the analyst took, or received from a stated person, a thing or sample;

        (c)     a thing or sample was examined, analysed, measured or tested at a stated place on a stated day or during a stated period;

        (d)     the methodology used to examine, analyse, measure or test a thing or sample;

        (e)     the results of the examination, analysis, measurement or test;

        (f)     the type, activity concentration or activity of a radionuclide present that is, or was, in a thing or a sample of, or from, a thing;

        (g)             the type, and energy spectrum, of radiation emission, and the rate of radiation emission, from a radiation source, at a stated place on stated day or during a stated period;

        (h)     the amount of radiation to which a person has, or may have, been exposed to or received at a stated place on a stated day or during a stated period.

        (3)         In any proceeding for an offence against this Act or the regulations where an application for an order under section 86 of the Sentencing Act 1991 is made, a certificate signed by the Secretary stating that costs were incurred for—

        (a)     a clean up following an incident involving the emission of radiation from a radiation source;

        (b)     the storage of a radiation source;

        (c)     destroying or disposing of a radiation source—

and the way in which, and purpose for which, they were incurred, is evidence of the matters stated.