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Fisheries Act 1996

Offences and penalties - Evidence in proceedings

249: Copies of accounts, records, returns, etc

You could also call this:

"Using copies of documents as evidence in court"

Illustration for Fisheries Act 1996

If you are in court, a copy of some documents can be used as evidence. You can use a copy of an account, record, or return that was kept under the Fisheries Act 1996. The copy must be certified by the chief executive. If a fishery officer makes a copy of a record, you can use that copy in court. It is like using the original record. You can only use a copy in court if you follow some rules. You must give the other person a copy of the document and tell them you plan to use it in court. You must do this at least 20 working days before the court hearing. The court can stop you from using the copy if the other person asks them to. This can happen if the court thinks the copy is not accurate or not valid. You can find more information about this by looking at the Fisheries Act 1986 and the Fisheries Act 1990.

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Part 13Offences and penalties
Evidence in proceedings

249Copies of accounts, records, returns, etc

  1. A copy of any account, record, return, or information required to be kept, completed, or provided under this Act that purports to be certified by the chief executive as having been kept, completed, or provided (as the case may require), at or within or in relation to any specified time, date, period, or place, shall be sufficient evidence, in the absence of proof to the contrary, of the fact that the account, record, return, or information was so kept, completed, or provided.

  2. Any copy of a record or other document taken by a fishery officer, or any copy of such a copy, shall, subject to subsection (3), be admissible, to the same extent as the original record or document would itself be admissible, as evidence of the record or document and of any transactions, dealings, amounts, or other matters contained in the record or the document.

  3. A copy of any account, record, return, or other document referred to in subsection (1) or subsection (2) (including a copy of such a copy) shall be admissible in evidence only if—

  4. the prosecutor or an agent of the prosecutor serves on the defendant, or the defendant's agent or counsel, not less than 20 working days before the hearing at which it is proposed to tender the copy in evidence,—
    1. notice of the prosecutor's intention to tender the copy in evidence; and
      1. a copy of the copy which is to be so tendered; and
      2. the court has not, on the application of the defendant made not less than 10 working days after receipt of the copy referred to in paragraph (a), ordered, not less than 5 working days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the copy is inadmissible as evidence in the proceedings.

        1. The court shall not make an order under subsection (3) unless it is satisfied that there is reasonable doubt as to—

        2. the accuracy of the information contained or referred to in the document; or
          1. the validity of the document.

            Compare
            Notes
            • Section 249(1): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).