Queensland Consolidated Acts

FIRE AND RESCUE SERVICE ACT 1990 - SECT 153

(1) In any proceeding, whether under this Act or not—

(a) it is not necessary to prove the appointment of the chief executive or the commissioner, or of an officer of the fire service or a fire service officer, or of any chief fire warden, fire warden, forest officer or field officer but this does not prejudice the right of any person to prove an appointment has not been properly made;

(b) it is not necessary to prove the authority of a person referred to in paragraph (a) to do any act or take any proceeding for the purposes of this Act but this does not prejudice the right of any person to prove the absence of authority;

(c) a signature purporting to be that of a person referred to in paragraph (a) is presumed to be genuine unless the contrary is proved;

(d) a person who purports to do or to have done anything for the purposes of this Act pursuant to the authority of an instrument of delegation made under this Act shall, if the person purported to have made the delegation could have done that thing pursuant to this Act, be presumed to act or to have acted in accordance with a valid instrument of delegation unless the contrary is proved;

(e) a notice, permit or other document purporting to have been made under this Act is taken to have been validly made unless the contrary is proved;

(f) a certificate signed by the chief executive and purporting to set out any determination of the commissioner, chief commissioner, authority or chief executive is evidence of the matters stated;

(g) a certificate signed by the chief executive stating—

(i) that the commissioner, authority or State is or was at any specified time or during any specified period the owner of property described in the certificate; and

(ii) that no consent has been given to the act or breach of duty specified in the certificate alleged to have been committed in respect of the property;

is evidence of the matters stated;

(h) a certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—

(i) that a stated service was provided under this Act to a stated person on a stated day;

(ii) that a stated person was charged a stated amount for a stated service;

(iii) that a stated amount mentioned in subparagraph (ii) has not been paid.

(2) In subsection (1)—

commissioner means the corporation sole under this Act as in force immediately before the commencement.

fire service means the Queensland Fire Service in existence immediately before the commencement.