Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_114:p1
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 114 (pt 1/2)
Character Range: 129180–131979

114  Evidence
 (1) In a prosecution for an offence, if an authorised officer gives evidence that he or she believes any of the matters referred to in subsection (2), the Court must, if:
 (a) it considers the belief to be reasonable; and
 (b)  there is no evidence to the contrary;
  accept the matter as proved. (40 (1))
 (2) The matters are:
 (a) that dangerous goods described in transport documents carried in a vehicle are being carried in the vehicle; or
 (b) that particular goods are dangerous goods or dangerous goods of a particular type; or
 (c) if markings or placards on or attached to a substance or container indicate that the substance is or the container contains particular dangerous goods—that the substance is or the container contains those dangerous goods; or
 (d) if markings on, or attached to, a package or overpack indicates that the package or overpack contains particular dangerous goods—that the package or overpack contains those dangerous goods; or
 (e) if markings or placards on or attached to a vehicle or equipment indicate that the vehicle or equipment is being used to transport dangerous goods—that the vehicle or equipment is being used to transport those dangerous goods; or
 (f) if markings or placards on or attached to a substance or container indicate, in relation to the substance, the container or the contents of the container, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the container or the contents of the container has that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or
 (g) if markings on, or attached to, a package or overpack indicates, in relation to the contents of the package or overpack, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package or overpack has that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or
 (h) if markings or placards on or attached to a vehicle or container indicate, in relation to the load of the vehicle or the contents of the container, a particular quantity of dangerous goods—that the vehicle or container contained that quantity of dangerous goods; or
 (i) that a person was not, at a particular time, accredited or the holder of a licence relating to dangerous goods. (40 (2) + new)
 (3) A court may admit the following documents as evidence if they appear to be signed by the Competent Authority or by a person exercising powers delegated by the Competent Authority for the relevant purpose:
 (a) documents relating to whether a person is exempt from certain requirements under section 64; or
 (b) documents relating to vehicles, equipment or other items