Document ID: chunk:federal_register_of_legislation:C2004A04086:section:1952:p9
Version: federal_register_of_legislation:C2004A04086
Segment Type: section
Provision Reference: s 1952 (pt 9/12)
Character Range: 21173–24006

or examination;

       (h) the results of the analysis or examination;

     is admissible in any proceeding for an offence against a provision of this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis or examination.";

   (b) by adding at the end the following subsection:

     "(6) Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:

         (a) the prosecutor has been given at least 5 days notice of the person's intention to require the analyst to be so called; or

         (b) the Court, by order, allows the person to require the analyst to be so called.".

PART 10—AMENDMENT OF THE SHIPS (CAPITAL GRANTS)
ACT 1987

Principal Act

36. In this Part, "Principal Act" means the Ships (Capital Grants) Act 19879.

Interpretation

37. Section 3 of the Principal Act is amended by omitting the definitions of "ship" and "tanker" and substituting the following definitions:

" 'ship' means any kind of vessel:

   (a) that is used; or

   (b) that is in the course of construction and is intended to be used;

wholly or primarily in navigation by water, however propelled or moved, and includes:

   (c) a barge, lighter or other floating vessel; or

   (d) an air-cushion vehicle, or similar craft; or

     (e) an off-shore industry mobile unit (within the meaning of the Navigation Act 1912);

but does not include an off-shore industry mobile unit (within the meaning of that Act) that is not self-propelled;

'tanker' means a ship that is constructed or adapted, or that is in the course of construction or adaptation, primarily to carry oil or other liquids in bulk in its cargo spaces;".

PART 11—AMENDMENTS OF THE TELECOMMUNICATIONS
ACT 1989

Principal Act

38. In this Part, "Principal Act" means the Telecommunications Act 198910.

Minister may give directions to AUSTEL

39. Section 111 of the Principal Act is amended by inserting in subsection (1) ", varying or cancelling" after "issuing" (wherever occurring).

Insertion of new section

40. After section 114 of the Principal Act the following section is inserted:

Disconnection of customer equipment for which there is no permit

  "114a. Where:

     (a) a person has under his or her control customer equipment connected to a telecommunications network; and

     (b) there is no permit in force for connection of the customer equipment to a telecommunications network; and

  (c) AUSTEL gives to the person a written notice stating that:

         (i) there is no permit in force for the connection of the customer equipment to a telecommunications network; and

         (ii) the person must disconnect the customer equipment from any telecommunications network to which it is connected within 7 days, or such longer period