Document ID: chunk:federal_register_of_legislation:C2024C00748:section:38
Version: federal_register_of_legislation:C2024C00748
Segment Type: section
Provision Reference: s 38
Character Range: 65841–68058

38  Evidence
 (1) In any proceedings for an offence against this Act:
 (a) any record kept in pursuance of the regulations is admissible as prima facie evidence of the facts stated in the record;
 (b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and
 (c) a document purporting to be a record kept in pursuance of the regulations, or purporting to be such a certified copy as is referred to in paragraph (b), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be.
 (2) In any proceedings for an offence against this Act, evidence of the result of finding out a distance or position by means of an electronic, optical or other device ordinarily used for finding out such a distance or position is prima facie evidence of the distance or position.
 (3) In any proceedings for an offence against this Act, evidence by an inspector that he or she believes that a place or area is within Australian waters is prima facie evidence that the place or area is within Australian waters.
 (4) The Minister may give a certificate stating any of the following:
 (a) that a permit was granted to a specified person on a specified day;
 (b) that a specified permit contained specified terms;
 (ba) that a specified permit was revoked, suspended or varied on a specified day;
 (bb) that the suspension of a specified permit was cancelled on a specified day;
 (c) that specified conditions were imposed in respect of a specified permit;
 (d) that a specified condition imposed in respect of a specified permit was revoked, suspended or varied on a specified day;
 (e) that the suspension of a specified condition imposed in respect of a specified permit was cancelled on a specified day;
 (f) that a specified notice containing specified terms was served on the holder of a specified permit on a specified day;
 (g) that Australian waters did, or did not, at a particular time include the top hat area referred to in section 4A;
and the certificate is prima facie evidence of the matters stated in it.