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Repealed version for 29 April 2005 to 31 August 2005 (accessed 25 May 2013 at 14:00)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(3)  (Repealed)
Top of page