Section 56A
Presumption relating to marine reserve or marine park [S 50/2014]
(1)
Subject to subsection (2), where —
(a)
any fish;
(b)
any fishing appliance or other equipment for fishing; or
(c)
any equipment for photography, filming or sound recording, is found on board a vessel in any marine reserve or marine park, the fish, fishing appliance or equipment, or photography, filming or sound recording equipment, shall be presumed, unless the contrary is proved —
(i)
to have been caught; or
(ii)
to have been used for fishing, photography, filming or sound recording, in any marine reserve or marine park without a licence, as the case may be.
(2)
Where the vessel is stopped, boarded and searched under
Part 13 and it shows proof that —
(a)
the fish on board are held in a sealed hold; or
(b)
the fishing appliance or equipment, or photography, filming or sound recording equipment, are properly stowed and secured on the vessel so that they are not easily available for fishing or for undertaking photography, filming or sound recording, as the case may be, this shall constitute a defence in proceedings for an offence against this Act.
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Proof of position of vessel 57.
(1)
This section and section 58 apply for the purpose of proving in any legal proceedings the position of any vessel at any particular time or when any particular event occurred.
(2)
Unless the contrary is proved, a document purporting to be an entry in the log book of an enforcement vessel certified by any enforcement officer is deemed to be such an entry.
(3)
Unless in any legal proceedings the court otherwise directs, a document which is referred to in subsection (2) shall be received in evidence without the person who certified the entry or who gave the certificate having to be called as a witness.
Copy of log etc. of enforcement vessel 58.
A copy of the relevant entry in the log book of an enforcement vessel certified by any enforcement officer showing the position of any other vessel at any particular time or when any particular event occurred shall be presumed, unless the contrary is proved, to be the position of the vessel at that time or when that event occurred, as the case may be.
Evidentiary provision 59.
(1)
The Director may grant a certificate with respect to any matter referred to in subsection (2).
(2)
A certificate granted by the Director stating —
(a)
that a licence was issued to an identified person on, or was suspended or cancelled on or with effect from, a date specified in the certificate;
(b)
that any licence is or was, on a date specified in the certificate, in force in respect of an identified vessel;
(c)
that any condition specified in the certificate is or was, on a date or during the period so specified, a condition of a licence;
(d)
that an identified vessel is or was, on a date specified in a licence, entitled to fish or conduct any survey or research, at a location so specified;
Fisheries
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(e)
that an identified person is or was, on a date specified in the certificate, the owner, master or a member of the crew of a vessel so identified; or
(f)
to the effect that the negative of any of the matters referred to in paragraphs (a) to (e) is the case, shall be received in legal proceedings as evidence of that fact.