Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where, in proceedings for an offence against this Act or the regulations:
(a) an officer gives evidence that he or she suspects that:
(i) fish to which the charge relates were taken in a particular part of the Protected Zone or in an area in respect of which a Proclamation is in force under subsection 15(1) or (2);
(ii) fish to which the charge relates were taken for private purposes; or
(iii) fish to which the charge relates were taken in the course of traditional fishing, community fishing or commercial fishing (other than community fishing);
together with evidence of the grounds on which he or she so suspects; and
(b) the court considers that, having regard to that evidence, the suspicion is reasonable;
the fish shall, in the absence of evidence to the contrary, be deemed to have been taken in that area, for those purposes or in the course of traditional fishing, community fishing or commercial fishing (other than community fishing), as the case may be.
(2) The Minister or a person authorised in writing by him or her to give certificates under this section may give a certificate, for the purposes of proceedings for an offence against this Act or the regulations stating:
(a) that, at a time or during a period specified in the certificate, a boat identified in the certificate was, or was not, an Australian boat, a Papua New Guinea boat or a foreign boat; or
(b) that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a licence in force under subsection 19(1); or
(c) that, at a time or during a period specified in the certificate, there was, or was not, in force in respect of a boat identified in the certificate, a licence under section 19 or a Treaty endorsement; or
(ca) that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a licence in force under subsection 19(4A) or (4B) that authorised activities specified in the certificate; or
(d) that, at a time or during a period specified in the certificate, there was in force in respect of a boat identified in the certificate a licence under section 19 or a Treaty endorsement, being a licence or endorsement, as the case may be, specified in the certificate to be one:
(i) that authorised or that did not authorise the use of the boat for activities specified in the certificate in an area specified in the certificate; or
(ii) in respect of which an entry under section 21 was or was not in force that authorised or that did not authorise the use of the boat for activities specified in the certificate; or
(e) that, at a time or during a period specified in the certificate, a person specified in the certificate was a person in relation to whom an authorisation under subsection 3(4) was in force; or
(f) that, at a time or during a period specified in the certificate, a person specified in the certificate was or was not the holder of a permit under section 12 authorising the person to engage in activities specified in the certificate; or
(g) that, at a time or during a period specified in the certificate, an area of waters specified in the certificate:
(i) was a part of the territorial sea of Australia that was, at the time or during the period, in an area of Australian jurisdiction; and
(ii) was not part of the Protected Zone coastal waters of Queensland.
Note: For what are Protected Zone coastal waters of Queensland, see section 4.
(3) Without limiting the operation of subsection (2), the Minister or a person authorised in writing by him or her to give certificates under this section may give a certificate certifying as to any matter relating to the making of decisions by the Protected Zone Joint Authority established under Part V relating to instruments executed by the Protected Zone Joint Authority.
(4) A person giving a certificate under subsection (2) in relation to a licence under section 19 or in relation to a Treaty endorsement may, in the certificate, certify that conditions specified in the certificate were the conditions to which the licence or endorsement, as the case may be, was, at a time or during a period specified in the certificate, subject.
(5) In proceedings for an offence against this Act or the regulations, a certificate given under subsection (2) is prima facie evidence of the matters specified in the certificate.
(6) In proceedings for an offence against this Act or the regulations, a document purporting to be a certificate given under this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.