Section 25B — Environment Protection and Biodiversity Conservation Act 1999: Evidentiary certificates
Text of the provision Official document
Contravention (1) The Minister may issue a written certificate: (a) stating that a specified person has contravened, or is contravening, a specified civil penalty provision set out in this Division; and (b) setting out particulars of that contravention. (2) The Minister may issue a certificate under subsection (1) relating to a particular contravention if the Minister has reason to believe that the person concerned has committed, or is committing, the contravention. (3) To avoid doubt, a certificate under subsection (1) may be issued even if any relevant proceedings under section 475, 480A, 480K or 481 have been instituted. Proposal (4) The Minister may issue a written certificate stating that, if a specified person were to carry out a proposal to engage in specified conduct, that conduct would contravene a specified civil penalty provision set out in this Division. (5) The Minister may issue a certificate under subsection (4) if the Minister has reason to believe that: (a) the person proposes to engage in the conduct concerned; and (b) the conduct would contravene the civil penalty provision concerned. (6) To avoid doubt, a certificate under subsection (4) may be issued even if any relevant proceedings under section 475 have been instituted.
Official source: Federal Register of Legislation
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