Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.8

Evidentiary

    (1)     In any proceedings for an offence under Part 2.6 a certificate signed by or on behalf of the Institute and stating that on any specified date a person is or is not or was or was not registered or registered with specific limitations or restrictions under Part 2.6 is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

    (2)     In any proceedings for an offence under Chapter 4 a certificate signed by or on behalf of the Director of the Authority and stating that on any specified date a person, school or body is or is not or was or was not registered, approved or authorised or registered, approved or authorised with specific limitations or restrictions under Chapter 4 is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

    (3)     In any proceedings for an offence under Part 5.5 a certificate signed by or on behalf of the Secretary and stating that—

S. 5.8.8(3)(a) amended by No. 39/2012 s. 23(a).

        (a)     on any specified date a person is or is not or was or was not registered under section 5.5.23 as an apprentice who has entered a training contract lodged under section 5.5.12; or

S. 5.8.8(3)(b) amended by No. 39/2012 s. 23(b).

        (b)     on any specified date a person or body did or did not have the approval of the Authority under section 5.5.6 to employ a person under a training contract

is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

S. 5.8.8(4) amended by No. 73/2012 s. 8(5).

    (4)     A certificate signed by or on behalf of the Secretary purporting to record a determination, resolution or decision of the Victorian Skills Commission before its abolition is evidence of the making of that determination, resolution or decision by the Commission.

    (5)     A certificate signed by or on behalf of the Director of the Authority purporting to record a determination, resolution or decision of the Authority is evidence of the making of that determination, resolution or decision by the Authority.

S. 5.8.9 amended by Nos 69/2009 s. 54(Sch. Pt 2 item 20.1), 71/2010 s. 72(2), 67/2014 s. 147(Sch. 2 item 15).



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