Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 160

160 Evidentiary provisions

(1) This section applies to any proceeding under or in relation to this Act.

(2) It is not necessary to prove the appointment of a conservation officer or the authority of a conservation officer to do any act under this Act.

(3) A signature purporting to be that of the chief executive or a conservation officer is evidence of the signature it purports to be.

(4) A certificate purporting to be signed by the chief executive stating that—

(a) a stated document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or

(b) on a stated day, or during a stated period, a stated person was or was not the holder of a licence, permit or other authority issued or given under this or another Act; or

(c) a licence, permit or other authority was or was not issued or given for a stated term, or was or was not subject to stated conditions; or

(d) on a day mentioned in the certificate, a stated person was given a notice under this Act; or

(e) a stated document is a copy of a part of a register kept under this Act; or

(f) an amount payable under this Act has not been paid by a stated person;

is evidence of the matter stated in the certificate.

(5) A statement in a complaint starting the proceeding of any of the following matters is evidence of the matters—

(a) that the matter of the complaint came to the knowledge of the complainant on a stated day;

(b) that stated wildlife is a stated class of wildlife under this Act;

(c) that the whole or any part of—

(i) the progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; or

(ii) the carcass or another part of an animal; or

(iii) the flowers, seeds or genetic or reproductive material of a plant;

is, or is from, a stated taxon, species or class of wildlife;

(d) that wildlife is or is not indigenous to Australia or indigenous to the State;

(e) that the place where the offence was committed was in a stated protected area or in a stated zone in a stated protected area.

(6) In a proceeding for an offence that an act or omission was committed in a protected area, it is not necessary to prove the particular protected area in which the offence was committed.

(7) In this section—

"indigenous to the State" in relation to wildlife, means—

(a) wildlife that was not originally introduced to the State by human intervention (other than wildlife introduced before the year 1600); or

(b) a migratory animal that periodically or occasionally migrates to, or visits, the State;

but does not include wildlife that was introduced to another part of Australia by human intervention after the year 1600 and later spread naturally to the State.