Western Australian Current Acts

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 137A

137A .         Evidentiary matters

        (1)         In a proceeding for an offence against this Act an averment in the charge of the offence that at a particular time —

            (a)         a particular operation was an offshore petroleum operation;

            (b)         a particular vessel or structure was a facility;

            (c)         a particular person was the operator of a facility;

            (d)         a particular person was in control of a particular part of a facility, or of any particular work carried out at a facility;

            (e)         a particular person was an employer who carried on an activity at a facility;

            (f)         a particular person was an employer of a particular person or particular persons who worked at a facility;

            (g)         a particular person was an employee or inspector,

                is to be taken to have been proved in the absence of evidence to the contrary.

        (2)         In a proceeding for an offence against this Act, proof is not required as to any of the following matters, unless evidence is given to the contrary —

            (a)         a delegation under section 16 by the Minister of a power, function or duty;

            (b)         the authority of any person to institute a proceeding for an offence against this Act.

        [(c)         deleted]

        (3)         In a proceeding for an offence against this Act, production of a copy of —

            (a)         a code of practice; or

            (b)         an Australian Standard; or

            (c)         an Australian/New Zealand Standard,

                purporting to be certified by the CEO to be a true copy as at any date or during any period is, without proof of the signature of the CEO, sufficient evidence of the contents of the code of practice or Standard as at that date or during that period.

        (4)         In subsection (3) —

        Australian Standard means a document having that title published by Standards Australia;

        Australian/New Zealand Standard means a document having that title jointly published by Standards Australia and the Standards Council of New Zealand;

        CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act.

        [Section 137A inserted: No. 13 of 2005 s. 43; amended: No. 57 of 2011 s. 7; No. 17 of 2014 s. 7; No. 36 of 2020 s. 340.]