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SYDNEY HARBOUR FEDERATION TRUST ACT 2001 - SECT 65H

Infringement notices--evidentiary certificates

  (1)   The Executive Director may sign a certificate that states any of the following in relation to an infringement notice served on a person:

  (a)   that the amount payable under the infringement notice was not paid by the person within the time specified in the notice;

  (b)   that the Executive Director granted, or refused to grant, an extension of time to the person to pay the amount payable under the infringement notice;

  (c)   that the amount payable under the infringement notice was not paid by the person within the period specified in the extension;

  (d)   that the infringement notice was withdrawn under section   106 of the Regulatory Powers Act on a day specified in the certificate.

  (2)   At a hearing of a prosecution for an offence mentioned in an infringement notice, a certificate signed by the Executive Director in accordance with subsection   (1) is prima facie evidence of the matters stated in the certificate.

  (3)   A certificate must not be admitted in evidence at a hearing of a prosecution for an offence mentioned in an infringement notice unless:

  (a)   the person charged with the offence; or

  (b)   a barrister or solicitor who has appeared for the person in relation to the hearing;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the hearing.

  (4)   A certificate that purports to be signed by the Executive Director is taken to have been signed by the Executive Director unless the contrary is proved.

 



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