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DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 59
Evidence
59 Evidence
(1) If, in a prosecution for an offence against this Act or the regulations,
an authorised officer gives evidence that the authorised officer believes any
of the matters referred to in subsection (2), that evidence is admissible and
is prima facie evidence of those matters.
(2) The matters are-- (a) that
dangerous goods described in shipping documents carried in a vehicle are being
carried in the vehicle, or
(b) that particular goods are dangerous goods or
dangerous goods of a particular type, or
(c) if markings or placards on or
attached to a substance or packaging indicate that the substance is or the
packaging contains particular dangerous goods--that the substance is or the
packaging contains those dangerous goods, or
(d) if markings on or attached
to a package indicate that the package contains particular
dangerous goods--that the package contains those dangerous goods, or
(e) if
markings or placards on or attached to a vehicle or equipment indicate that
the vehicle or equipment is being used to transport dangerous goods--that the
vehicle or equipment is being used to transport those dangerous goods, or
(f)
if markings or placards on or attached to a substance or packaging indicate,
in relation to the substance, the packaging or the contents of the packaging,
a particular capacity, tare weight, origin, character, specification,
ownership or date of manufacture--that the substance, the packaging or the
contents of the packaging has that capacity, tare weight, origin, character,
specification, ownership or date of manufacture, or
(g) if markings or
placards on or attached to a package indicate, in relation to the contents of
the package, a particular capacity, tare weight, origin, character,
specification, ownership or date of manufacture--that the contents of the
package has that capacity, tare weight, origin, character, specification,
ownership or date of manufacture, or
(h) if markings or placards on or
attached to, a vehicle or packaging indicate, in relation to the load of the
vehicle or the contents of the packaging, a particular quantity of
dangerous goods--that the vehicle or packaging contained that quantity of
dangerous goods, or
(i) that a person was not, at a particular time,
accredited or the holder of a licence relating to dangerous goods.
(3) A
court may admit the following documents as evidence if they appear to be
signed by a Competent Authority or by a person exercising powers delegated by
a Competent Authority for the relevant purpose-- (a) documents relating to
whether a person is exempt from certain requirements under section 42,
(b)
documents relating to vehicles, equipment or other items required by the
regulations to be approved by a Competent Authority,
(c) documents relating
to accreditation or licensing by a Competent Authority.
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