Dangerous Goods Act 1975 No 68
Repealed version for 29 April 2005 to 31 August 2005 (accessed 25 May 2013 at 14:00)
40 Evidence
(1) An allegation in an information in respect of an offence against
this Act or the regulations that any substance or article in relation to which
the offence is alleged to have been committed is dangerous goods or an
explosive within the meaning of this Act, or a member of a class of dangerous
goods, shall be accepted by the court as evidence of the truth of the
allegation, unless the contrary is proved.
(2) In proceedings for an offence against this Act or the
regulations:(a) a certificate purporting to be signed by a prescribed officer and
to certify:(i) that a licence or permit of the description specified in the
certificate has, or has not, been issued or transferred pursuant to this Act
or the regulations to any person so specified, and, in the case of a licence
or permit that has been so issued or transferred, the date of issue or
transfer of the licence or permit, any terms, conditions and other particulars
contained in the licence or permit and any date or period on, or during, which
the licence was, or was not, in force, or
(ii) that a person specified in the certificate was an inspector on any
date, or during any period, specified in the
certificate,
shall be evidence of the facts so certified,
(b) a printed document that is or purports to be a standard, rule,
code or specification of a body referred to in section 41 (3) (e) (i) and that
has been or purports to have been published or issued by or on behalf of that
body is admissible as evidence in those proceedings and, in the absence of
evidence to the contrary, is proof of that standard, rule, code or
specification, and
(c) evidence that a container was marked at any time in a manner
prescribed in relation to a class of dangerous goods is also evidence that
dangerous goods of that class were in the container at that time, unless the
contrary is proved.
(3) (Repealed)