(1) Where —
(a)
notice of intention to adduce evidence by certificate is given not less than 3
days before the day of the trial or hearing, and that notice is served and the
service proved in the same manner as notices to admit and produce may now be
served and proved in civil proceedings;
(b)
objection is not taken before or at the trial or hearing; and
(c) the
Registrar has not been required to attend as a witness,
unless the court
otherwise orders, in any proceedings production of a certificate purporting to
be signed by the Registrar, without proof of the signature of the person
appearing to have signed the certificate or that he is the Registrar, that he
is satisfied that an object is classified as Aboriginal cultural material is
sufficient evidence of that fact.
(2) In any proceedings
under this Act the onus of proof that the provisions of this Act do not apply
to any place or object lies upon the accused.
(3) Where in a charge
of an offence against this Act there is an averment that an act occurred
within an Aboriginal site, courts and persons acting judicially shall, on the
act being proved, presume in the absence of proof to the contrary that it
occurred within the Aboriginal site as averred.
(4) In any proceedings
under this Act a document purporting to be consent pursuant to section 18
signed by the Minister is evidence that such consent had been given subject to
such conditions as may be therein specified and had effect from the date of
the notice, without proof of the signature of the person purporting to have
signed the document or proof that the purported signatory was the Minister.
[Section 60 amended: No. 84 of 2004 s. 80 and 82.]