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bruneilawsby aturio
In force2022 Revised Edition
Contents

Part · Offences and Penalties

61. Evidence

(1)

Subject to subsection (3) —

(a)

a document or certificate purporting to be a report under the hand of the Director or an authorised officer upon any matter or thing in connection with the administration or enforcement of this Act or with any investigation carried out under this Act shall be admissible as evidence in any proceedings under this Act and shall be prima facie evidence of the facts stated therein; and

(b)

a certificate of an authorised examiner stating that he has examined any animal or any other matter and stating the result of his

Animal (Diseases and Quarantine)

46

examination shall be admissible as evidence in any proceedings for an offence against this Act and shall be prima facie evidence of the facts stated therein and of the correctness of the result of the examination.

(2)

For the purposes of this section, a document purporting to be a certificate referred to in subsection (1) on its production by the prosecution shall, unless the contrary is proved, be presumed to be such a certificate.

(3)

A certificate referred to in subsection (1) shall not be received in evidence in pursuance of that subsection unless the person charged has been given —

(a)

a copy of the certificate; and

(b)

notice of the intention of the prosecution to produce the certificate as evidence in the proceedings, not less than 10 clear days before the date of commencement of the proceedings.

(4)

Where a certificate of the Director, an authorised officer or an authorised examiner is admitted in evidence under subsection (1), the person charged may require the Director, authorised officer or authorised examiner to be called as a witness for the prosecution and be cross-examined as if he had given evidence of the matters stated in the certificate.

Report

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Part

General

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