Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18LA

Evidentiary certificates in relation to AQS testing

  (1)   Subject to section   18LB, in any offence proceedings under Subdivision   3 - C of Division   3 of Part   VI, a certificate, signed by a trade measurement inspector, stating that:

  (a)   a particular package is one of a group of packages of the same kind that were on the same premises or in the same vehicle at a specified time; and

  (b)   the number of packages in the group equalled or exceeded the AQS threshold; and

  (c)   a sample of the group, selected in accordance with AQS sampling procedures, failed testing in accordance with AQS test procedures;

is admissible as prima facie evidence of the matters stated in the certificate.

Evidentiary certificates in relation to national group test procedures

  (2)   Subject to section   18LB, in any offence proceedings under Subdivision   4 - B of Division   4 of Part   VI, a certificate, signed by a trade measurement inspector, stating that:

  (a)   a particular package is one of a group of packages of the same kind that were on the same premises or in the same vehicle at a specified time; and

  (b)   the number of packages in the group equalled or exceeded the national test threshold; and

  (c)   a sample of the group, selected in accordance with national sampling procedures, failed testing in accordance with the national group test procedures;

is admissible as prima facie evidence of the matters stated in the certificate.

Evidentiary certificates in relation to national single article test procedures

  (3)   Subject to section   18LB, in any offence proceedings under Subdivision   4 - B of Division   4 of Part   VI, a certificate, signed by a trade measurement inspector, stating that a package failed testing in accordance with the national single article test procedures is admissible as prima facie evidence of the matters stated in the certificate.

  (4)   For the purposes of this section, a document purporting to be a certificate referred to in subsection   (1), (2) or (3) is, unless the contrary is established, to be taken to be such a certificate and to have been duly given.