Document ID: chunk:federal_register_of_legislation:C2004A04065:front:0:p3
Version: federal_register_of_legislation:C2004A04065
Segment Type: other
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Character Range: 5463–8319

the information or document to the Secretary in accordance with the specifications.

"(4) The Secretary may give information or a document to a person by transmitting the information or document to the person in accordance with the specifications.

"(5) A document is transmitted in accordance with the specifications if the information required to be included in the document is transmitted in the form and manner required by the specifications.

"(6) Information or a document transmitted to a person (including the Secretary) in accordance with the specifications is to be taken to have been given to the person for the purposes of any provision of this Act or the regulations that requires the information or document to be given to the person.

  "(7) In this section:

'information' includes a declaration as to the existence of a fact or belief or as to compliance by a person with a requirement of this Act or the regulations.

Evidence of transmission of information or document

  "24b. (1) In this section:

'print-out' means a copy of information or a document produced by a data processing device to which the information or document was transmitted by means of another data processing device or other data processing devices.

"(2) In any proceedings in a court for an offence against this Act, a print-out is prima facie evidence:

     (a) that information or a document in the terms set out in the print-out was transmitted to the Secretary on the day, and at the time, specified in the print-out; and

     (b) that the information or document was transmitted by the person specified in the print-out as the person who transmitted the information or document.

"(3) A paper certified, in writing, by an officer of the Department to have been produced by a specified data processing device in an office of the Secretary is to be taken to be a print-out for the purposes of this section unless the contrary is proved.".

PART 4—AMENDMENTS OF THE HORTICULTURAL
RESEARCH AND DEVELOPMENT CORPORATION ACT 1987

Principal Act

9. In this Part, "Principal Act" means the Horticultural Research and Development Corporation Act 19873.

Interpretation

  10. Section 3 of the Principal Act is amended:

     (a) by omitting paragraph (b) of the definition of "member" in subsection (1) and substituting the following paragraph:

          "(b) in relation to a Selection Committee—the Presiding Member;";

     (b) by omitting paragraph (b) of the definition of "nominated member" in subsection (1) and substituting the following paragraph:

         "(b) in relation to a Selection Committee—a member of the Selection Committee appointed on the nomination of an eligible industry body or bodies, or a member appointed under subsection 67 (3a);";

     (c) by omitting from subsection (1) the definitions of "Chairperson" and "Selection Committee"