Document ID: chunk:federal_register_of_legislation:C2024C00591:section:166:p1
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 166 (pt 1/4)
Character Range: 368727–371174

166  Evidence
 (1) In any proceedings for an offence against this Act, an averment of the prosecutor, contained in the information or complaint, that:
 (a) the defendant was at a particular place at the time of the alleged offence; or
 (b) the boat, aircraft or other thing referred to in the information or complaint was at a particular place at the time of the alleged offence; or
 (c) fishing engaged in by or from a boat, not being a charter boat, in relation to which a fishing concession was in force at the time of the alleged offence was commercial fishing;
is prima facie evidence of the matter averred.
 (2) AFMA may give a certificate:
 (a) that, at a time or during a period specified in the certificate, a boat specified in the certificate was, or was not, an Australian boat; or
 (b) that, at a time or during a period specified in the certificate, an area of waters specified in the certificate was part of the AFZ; or
 (ba) that, at a time or during a period specified in the certificate, an area of waters specified in the certificate:
 (i) was part of the territorial sea of Australia that was, at the time or during the period, in the AFZ; and
 (ii) was not part of coastal waters taken to be in the AFZ because of section 76; or
 (c) that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a statutory fishing right that was in force in relation to a managed fishery specified in the certificate; or
 (d) that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a fishing permit that was in force authorising the use of a boat specified in the certificate for commercial fishing in an area of the AFZ, or a specified fishery, specified in the certificate; or
 (e) that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a scientific permit that was in force authorising the use of a boat specified in the certificate for scientific research purposes in an area of the AFZ, or a fishery, specified in the certificate; or
 (f) that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a foreign fishing licence that was in force authorising the use of a foreign boat