You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1999 - 80)
Skip contents
Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 24 August 2017 at 13:10)
Part 10 Division 5
Division 5 Evidentiary provisions
102   Definitions
In this Division:
designated officer means an officer of the Environment Protection Authority designated in writing by the Chairperson of the Authority for the purposes of this Division.
information relating to an offence includes an application referred to in section 41 of the Land and Environment Court Act 1979.
instrument includes a notice, order or written direction.
103   Evidence relating to occupier of premises
In any proceedings for an offence under section 19 (4) or 25, no proof is required (until evidence is given to the contrary) of the fact that a person is, or at any relevant time was, the occupier of any premises to which the proceedings relate.
104   Onus of proof concerning reasonable excuse
In any proceedings under this Act, the onus of proving that a person had a reasonable excuse (as referred to in any provision of this Act or the regulations) lies with the defendant.
105   Proof of certain things not required
(1)  In any proceedings under this Act no proof is required (until evidence is given to the contrary) of the appointment of the Chairperson of the Environment Protection Authority or any member of the staff of the Authority.
(2)  Any instrument purporting:
(a)  to be an instrument issued, made or given for the purposes of this Act or the Protection of the Environment Operations Act 1997, and
(b)  to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,
is admissible in any proceedings under this Act and (in the absence of evidence to the contrary) is to be taken to be such an instrument and to have been so signed.
106   Certificate evidence of certain matters
(1)  A document signed by the Chairperson of the Environment Protection Authority or a designated officer and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act and is prima facie evidence of the matters so certified.
(2)  The matters referred to in subsection (1) are as follows:
(a)  that a pesticide was or was not, at a specified time or during a specified period, a registered pesticide,
(b)  that a label was or was not, at a specified time, the approved label for a pesticide,
(c)  that a permit was or was not, at a specified time, in force,
(d)  that a person was or was not, at a specified time or during a specified period, authorised by a permit to do, or omit to do, something,
(e)  that a pesticide control order was or was not, at a specified time, in force,
(f)  that a person was or was not, at a specified time or during a specified period, the holder of a licence or restricted pesticide authorisation,
(g)  that a licence or restricted pesticide authorisation was or was not, at a specified time, subject to specified conditions,
(h)  that a licence or restricted pesticide authorisation was, at a specified time, revoked or suspended for a specified period,
(i)  that the matter appearing on an approved label, permit or restricted pesticide authorisation described in the document is identical to the matter set out in, or in an instrument annexed to, the document,
(j)  that a person was or was not, at a specified time or during a specified period, an authorised officer,
(k)  that a person was or was not, at a specified time or during a specified period, a member of staff of the Environment Protection Authority,
(l)  that an exemption was or was not given under this Act in relation to any specified matter,
(m)  that any such exemption was or was not, at a specified time or during a specified period, in force or subject to specified conditions,
(n)  that any exemption was or was not, or that any such conditions were or were not, varied or revoked at a specified time,
(o)  any other matter prescribed by the regulations.
107   Evidence of analysts
(1)  The Environment Protection Authority may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.
(2)  A certificate of such an analyst stating the result of an analysis or examination is admissible in evidence in any proceedings under this Act as evidence of the facts stated in the certificate and the correctness of the result of the analysis or examination.
(3)  A certificate of such an analyst that a container containing a sample was received at a specified laboratory and that the container was sealed and signed by an authorised officer is admissible in evidence in any proceedings under this Act as evidence of the facts stated in the certificate and that the sample has not been tampered with since the authorised person signed and sealed the container.
(4)  For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, to be taken to be such a certificate.