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Marine Living Resources Act, 1998 (Act No. 18 of 1998)

Chapter 7 : Judicial Matters

74. Designated machines

 

(1) The Minister may by notice published in the Gazette designate any machine or instrument or class of machines or instruments as a designated machine.

 

(2) The readings of a designated machine shall be admissible as evidence of the facts that they aver if—
(a) the readings were made by a person who has received training in the operation of designated machines; and
(b) the machine was checked for correct working a reasonable time before and after the readings it is sought to adduce in evidence were made and the machine appeared to be working correctly.

 

(3) If a designated machine has been checked for correct working and read by a person trained in the operation thereof, it shall, in the absence of evidence to the contrary, be presumed to give accurate readings within the manufacturer’s specified limits.

 

(4) The readings of designated machines may be made from a printout or as observed from a visual display unit.

 

(5) Any machine contemplated in subsection (1) must be capable either wholly or partially in itself of producing the readings concerned and not merely be a receiver of information or data.