Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 7 : Judicial Matters74. 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. |