Western Australian Current Acts Western Australian Current Acts (1) In any prosecution
or legal proceeding under this Act instituted by or under the direction of an
energy operator, unless evidence to the contrary is given in relation to the
matter, no proof shall be required of any of the matters following —
(a) the
constitution of the energy operator;
(b) any
order of the energy operator to prosecute;
(c) the
particular or general appointment of any officer of the energy operator to
take proceedings against any person;
(d) the
powers of any officer of the energy operator to prosecute;
(e) the
appointment of a person as an officer of the energy operator;
(f) the
presence of a quorum at any meeting at which any order is made or any act is
done by the energy operator.
(2) The production of
—
(a) a
copy of the Government Gazette containing any regulation, by-law, rule, order
or notice purporting to have been made or given under this Act; or
(b) a
copy purporting to be a true copy of any such regulation, by-law, rule, order
or notice certified as such under the hand of the chief executive officer of
an energy operator,
shall, until evidence
is given to the contrary, be evidence of the due making, existence, or giving
of such regulation, by-law, rule, order or notice and of its confirmation or
approval and that all preliminary steps necessary to give full force and
effect to the same have been duly observed.
(3) Where a record is
produced and identified as the minutes, or an excerpt from, the minutes of the
board of directors of an energy operator, that record shall, until evidence is
given to the contrary, be prima facie evidence of the matters so recorded
having taken place, and it shall not be necessary to prove —
(a) that
the meeting to which the record relates was duly convened; or
(b) that
other requirements relating to the regularity of the meeting were complied
with; or
(c) that
the minutes were confirmed, and that the signature purporting to be that of
the person authorised to sign the confirmation of the minutes is in fact his
signature and that he was so authorised.
(4) The provisions of
this section —
(a) are
in addition to and not in derogation of those of the Evidence Act 1906 ; and
(b) do
not render valid a regulation or by-law which has been disallowed under
section 42 of the Interpretation Act 1984 , or which is invalid.
[Section 87 amended: No. 101 of 1981 s. 19; No. 24
of 1986 s. 42; No. 89 of 1994 s. 32, 39 and 41; No. 58 of 1999 s. 83(1) and
(3).]