STATUTORY RULES.
1930. No. 21.
REGULATIONS UNDER THE METEOROLOGY ACT 1906.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulation under the Meteorology Act 1906, to come into operation forthwith.
Dated this fourteenth day March of 1930.
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
Minister of State for Home Affairs.
Amendment of the Meteorological Regulations.
(Statutory Rules 1926, No. 204, as amended to this date.)
After regulation 3 of the Meteorological Regulations, the following regulation is inserted:—
Meteorological records
“3a.—(1.) Any duly certified copy of or extract from any kept in pursuance of the Meteorology Act 1906 shall for records all purposes be admissible in evidence in all Courts to the same extent as the original records, of which it purports to be a copy or extract, would be admissible in evidence.
“(2.) A copy of or extract from any such records shall be deemed to be duly certified if it purports to be signed and certified as a true copy or extract by the Commonwealth Meteorologist or the Divisional Meteorologist in the State in which the records are kept.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930, No. 21, made under the Meteorology Act 1906, aim to amend the existing Meteorological Regulations by inserting a new regulation concerning the admissibility of meteorological records in court proceedings. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations are designed to ensure that certified copies or extracts from meteorological records can be used as evidence in legal matters to the same extent as the original records. The policy objective of these regulations is to facilitate the use of meteorological data in judicial proceedings by providing a clear and legally recognised process for certifying copies of such records.
The Meteorology Act 1906, enacted by the Commonwealth Parliament, was designed to establish a national framework for the collection and dissemination of meteorological data. These regulations seek to address the practical challenges of using original records in legal contexts by providing a streamlined method for certifying copies of meteorological records, thereby enhancing their utility in judicial processes.
Scope and Application
The Meteorology Regulations, made under the Meteorology Act 1906, apply to the maintenance and certification of meteorological records within the Commonwealth of Australia, encompassing all territories and states. These regulations are designed to ensure the accuracy and admissibility of meteorological data, which is crucial for various industries and public services. Specifically, the regulations govern the processes by which meteorological records can be certified and subsequently used as evidence in legal proceedings. This means that duly certified copies or extracts of these records, signed by the Commonwealth Meteorologist or the relevant Divisional Meteorologist, are admissible in all courts to the same extent as the original records. The scope of these regulations is not limited by geographic boundaries within Australia, ensuring uniformity in the handling of meteorological data across the nation. There are no specific exclusions, exemptions, or thresholds mentioned in the text, and the regulations do not appear to be extended or restricted through subordinate instruments.
Key Provisions
The key operative sections of the regulation (Meteorological Regulations) under the Meteorology Act 1906 establish the admissibility of certified copies or extracts of meteorological records in legal proceedings. Specifically, section 3a(1) states that any duly certified copy or extract of records kept under the Act is admissible in all courts to the same extent as the original records. This provision is designed to ensure that these records can be used as evidence without the need to produce the original documents in court. Section 3a(2) clarifies that a copy or extract from such records is considered duly certified if it is signed and certified by the Commonwealth Meteorologist or the Divisional Meteorologist in the relevant state, confirming its accuracy.
The regulation imposes certain obligations on the parties involved in the maintenance and certification of meteorological records. Firstly, it requires that any certified copy or extract of meteorological records be signed and certified by either the Commonwealth Meteorologist or the appropriate Divisional Meteorologist in the state where the records are kept. This certification is essential to ensure the authenticity and accuracy of the records being presented in legal proceedings. Additionally, the regulation places the responsibility on these meteorological officers to ensure that the certification process is followed correctly to maintain the integrity of the records.
Breaches of the requirements set out in the regulation can result in significant consequences. Although the regulation itself does not explicitly outline penalties for non-compliance, the use of uncertified copies or extracts of meteorological records in legal proceedings could lead to challenges regarding the admissibility of such evidence. Courts may refuse to accept such evidence if it is not properly certified, potentially impacting the outcome of legal cases that rely on these records. Furthermore, there may be indirect consequences for officers who fail to certify records correctly, as this could undermine the credibility and reliability of the meteorological data used in various legal and administrative contexts.