Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 2 - Penalties  

SECTION 233BAC   EVIDENCE RELATING TO APPROVAL FOR IMPORT OR EXPORT  

233BAC(1)   [Prima facie evidence]  

In proceedings for an offence against subsection 233BAA(4) or (5) , 233BAB(5) or (6), 233BABAB(1) or (4) or 233BABAC(1) or (4) a certificate of an authorised officer to the effect that the person charged with the offence had not obtained, as at the time of the import or export of the goods in respect of which the offence is alleged to have been committed, approval for the import or export is admissible as prima facie evidence that that approval had not been so obtained.

233BAC(2)   [Document purporting to be certificate]  

For the purposes of this section, a document purporting to be a certificate referred to in subsection (1) is, unless the contrary is established, to be taken to be such a certificate and to have been duly given.

233BAC(3)   [Notice of intention to produce evidence]  

A certificate is not to be admitted in evidence under subsection (1) in proceedings for an offence unless the person charged with the offence or a solicitor who has appeared for the person in those proceedings has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate, together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.