Commonwealth Consolidated Regulations

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NATIONAL MEASUREMENT REGULATIONS 1999 - REG 90

Certificates as evidence

         (1)   In this regulation:

"instrument" means:

                (a)    an authorisation mentioned in paragraph 12 (2) (a); or

               (b)    a certificate; or

                (c)    a permission under regulation 71; or

               (d)    the instrument of appointment of a verifying, certifying or approving authority.

         (2)   An instrument is evidence of a matter stated in the instrument.

         (3)   The instrument may be received in evidence:

                (a)    in any court, whether or not the court is exercising federal jurisdiction; and

               (b)    in any proceeding before a person who is authorised by a law of the Commonwealth or of a State or Territory, or by consent of the parties to the proceeding, to receive and examine evidence.

         (4)   Unless the contrary is established:

                (a)    the instrument is taken to be issued by the person by whom the instrument purports to be issued; and

               (b)    the instrument is taken to be signed by the person by whom the instrument purports to be signed; and

                (c)    the person by whom the instrument purports to be signed is taken to be a person authorised under these regulations to sign the instrument.



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