Document ID: chunk:federal_register_of_legislation:C2024C00508:section:149:p1
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 149 (pt 1/2)
Character Range: 422367–424950

149  Evidential certificates
 (1) This section has effect for the purposes of any proceeding:
 (a) under or for the purposes of this Code or an eligible law of this jurisdiction; and
 (b) before a court or tribunal of this jurisdiction or an authority or person having power to require the production of documents or the answering of questions in this jurisdiction;
other than a proceeding for an offence that is directly punishable by imprisonment.
 (2) A certificate that states a matter referred to in subsection (3) is prima facie evidence of that matter if it is signed by the Chief Executive Officer of the APVMA, or by a member of the staff of the APVMA whom the APVMA has authorised to give certificates under this section.
 (3) The matters that may be stated in a certificate referred to in subsection (2) are as follows:
 (a) that a substance referred to in the certificate was, or was not, at a particular time, or during a particular period, an active constituent, or an approved active constituent, for a proposed or existing chemical product;
 (b) that a chemical product referred to in the certificate was, or was not, at a particular time, or during a particular period, a chemical product or a registered chemical product;
 (c) that a label referred to in the certificate was, or was not, at a particular time, or during a particular period, an approved label for containers for a chemical product or a label for containers for a chemical product that is required by an established standard for the product;
 (d) that a permit or exemption referred to in the certificate was in force at a particular time or during a particular period;
 (e) that an approval, registration, permit or exemption referred to in the certificate was suspended at a particular time or during a particular period;
 (f) that an approval, registration, permit or exemption referred to in the certificate is, or was at a particular time or during a particular period, subject to a stated condition;
 (g) that the matter appearing on an approved label or on a label for containers for a chemical product that is required by an established standard for the product, or in a permit, referred to in the certificate is identical to matter set out in, or in a writing annexed to, the certificate;
 (h) that a person named in the certificate was an inspector at a particular time or during a particular period;
 (i) that a document referred to in the certificate that purports to be a copy of, or an extract from, a record, register or file kept under this Code is a true copy or extract, as the case