Document ID: chunk:federal_register_of_legislation:C2024C00644:section:58:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 58 (pt 1/2)
Character Range: 205217–207745

58  Evidence in proceedings for an offence against section 54
 (1) In proceedings for an offence against section 54, evidence of any statute, code, regulation, proclamation or other written law of Papua New Guinea may be given by the production of:
 (a) a book or pamphlet purporting to be published by the authority of the government of Papua New Guinea containing the statute, code, regulation, proclamation or other written law, as the case may be; or
 (b) a photographic reproduction of such a book or pamphlet.
 (2) In proceedings for an offence against section 54, evidence of the unwritten or common law of Papua New Guinea may be given by the production of a book of reports of cases adjudged in the courts of Papua New Guinea or of a photographic reproduction of such a book or reports of cases purporting, or proved to the satisfaction of the court, to be authorised reports.
 (3) In proceedings for an offence against section 54, evidence of:
 (a) a judgment, decree, rule, conviction, acquittal, sentence or other order, process, act or decision of any court of Papua New Guinea; or
 (b) an affidavit, indictment or other legal document filed, deposited or presented in such a court;
may be given by the production of a document purporting to be a copy thereof and purporting:
 (c) to be sealed with the seal of that court; or
 (d) to be signed by a judge of that court with a statement in writing attached by the judge to his or her signature that that court has no seal.
 (4) In proceedings for an offence against section 54, an averment of the prosecutor, contained in the information or complaint, that:
 (a) the conduct alleged to constitute the offence took place in an area of waters specified in the averment;
 (b) at a time or during a period specified in the averment, a person specified in the averment was, or was not, the holder of a licence granted under this Act in respect of a boat, being a licence in respect of which an endorsement granted under the law of Papua New Guinea pursuant to Article 26 of the Torres Strait Treaty was in force; or
 (c) at a time or during a period specified in the averment, conditions specified in the averment were the conditions to which an endorsement of a kind referred to in paragraph (b) was subject under the law of Papua New Guinea;
is prima facie evidence of the matter averred.
 (5) Subject to subsection (6), a court may, at any time in proceedings for an offence against section 54, order that facts:
 (a) that are within the knowledge of a person who is a