Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In any proceedings:
(a) in relation to an offence against this Act; or
(b) in relation to a contravention of a civil penalty provision; or
(c) for an injunction under section 61AGA; or
(d) to set aside an enforceable direction under section 61ADF;
a certificate under section 61AMA is prima facie evidence of the matters in the certificate.
(2) A document purporting to be a certificate under section 61AMA must, unless the contrary is proved, be taken to be such a certificate and to have been properly issued.
(3) A certificate must not be admitted in evidence under subsection (1) in proceedings in relation to an offence unless the person charged, or a solicitor who has appeared for the person in those proceedings, has, at least 14 days before the certificate is sought to be admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in the proceedings.
(4) Subject to subsection (5), if a certificate is admitted in evidence under subsection (1) in proceedings in relation to an offence, the person charged with the offence may require the CEO to be called as a witness for the prosecution and cross - examined as if he or she had given evidence of the matters stated in the certificate.
(5) Subsection (4) does not entitle the person charged to require the CEO to be called as a witness for the prosecution unless the court, by order, allows the person charged to require the CEO to be so called.
(6) The Authority may certify that a document is a copy of a certificate under section 61AMA.
(7) This section applies to the certified copy as if it were the original.