Document ID: chunk:federal_register_of_legislation:F2024C00980:reg:41
Version: federal_register_of_legislation:F2024C00980
Segment Type: reg
Provision Reference: reg 41
Character Range: 44409–46233

41  Evidentiary certificates
 (1) AA may certify in writing that:
 (a) a document annexed to the certificate is a true copy of an extract from the Aeronautical Information Publication, or of a Notice to Airmen, determination, declaration, direction, instruction, authority, notice or other document made, given or issued under these Regulations; and
 (b) the document of which the document annexed to the certificate is certified to be a true copy, was, on a specified date or between specified dates, posted to a specified person in connection with any proceedings.
 (2) AA may certify in writing that during a specified period, or on a specified date:
 (a) any airspace was, or was not, a designated air route or a designated airway within the meaning of the Airspace Regulations 2007; or
 (b) any facility was, or was not, established in relation to an air route or airway; or
 (c) an aerodrome was, or was not, a controlled aerodrome.
 (3) In proceedings covered by subsection (4), a certificate purporting to have been given under this section:
 (a) is taken to be a certificate given by AA unless the contrary is proved; and
 (b) is prima facie evidence:
 (i) of the matters stated in the certificate; and
 (ii) if the certificate certifies as to a matter referred to in paragraph (1)(b)—that the document to which the certificate relates was received by the specified person on or about the time at which it would have been received in the ordinary course of post.
 (4) This subsection covers proceedings including:
 (a) proceedings in a court or tribunal (whether the proceedings are of a civil, administrative, criminal, disciplinary or other nature); and
 (b) any other proceedings under the Act or these Regulations; and
 (c) proceedings to which this section is stated, by any other Commonwealth law, to apply.