Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69ES

Evidential certificates

  (1)   This section has effect for the purposes of any proceeding before a court or tribunal or an authority or person having power to require the production of documents or the answering of questions, 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 person named in the certificate was an inspector at a particular time or during a particular period;

  (d)   that a notice, direction or requirement referred to in the certificate was given at a particular time to a particular person under this Part;

  (e)   any matter that could be stated in a certificate given under section   149 of any of the Agvet Codes.

  (4)   Unless the contrary is proved, a document purporting to be a certificate referred to in subsection   (2) is taken to be such a certificate and to have been duly given.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback