Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A certificate that appears to be signed by or for the director-general, and states any matter relevant to anything done or not done under this Act in relation to person, is evidence of the matter.
(2) Without limiting subsection (1), a certificate under subsection (1) may state any of the following:
(a) that a stated person was, or was not subject to full-time detention on a stated day;
(b) that a stated person was or was not in the director-general's custody on a stated day;
(c) that a stated offender subject to full-time detention did not comply with a stated obligation of the detention;
(d) that a stated offender subject to an intensive correction order did not comply with a stated obligation of the order;
(e) that a stated offender's release from imprisonment on a stated day was authorised by a parole order;
(f) that a stated offender released from imprisonment on parole did not comply with a stated condition of the parole;
(g) that a stated offender's release from imprisonment on a stated day was authorised by a licence;
(h) that a stated offender released from imprisonment on licence did not comply with a stated condition of the release;
(i) that the director-general gave a stated direction to a stated person on a stated day;
(j) that a stated person did not comply with a stated direction by the director-general on a stated day;
(k) that a stated decision was made by the board on a stated date;
(l) that a stated person did, or did not, occupy a position under this Act on a stated day;
(m) that a stated instrument under this Act was, or was not, in force on a stated day;
(n) that a stated instrument is a copy of an instrument made, given, issued or received under this Act.
(3) A certificate that appears to be signed by or for the director-general, and states any matter prescribed by regulation for this section, is evidence of the stated matter.
(4) A certificate mentioned in subsection (1) or (2) may state a matter by reference to a date or period.
(5) A certificate of the results of the analysis of a substance under this Act, signed by an analyst, is evidence of the facts stated in the certificate.
(6) A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.
(7) However, the following certificates must not be admitted in evidence by a court unless the court is satisfied that reasonable efforts have been made to serve a copy of the certificate on the person concerned:
(a) a certificate about a matter mentioned in subsection (2) (c), (d) or (f) or (h) to (j);
(b) a certificate mentioned in subsection (5).
(8) The director-general may appoint analysts for this Act.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act
, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act
, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(9) An appointment under subsection (8) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(10) In this section:
"analyst" means a person who is appointed as an analyst under subsection (8).