| (1) | The Minister may, by notice published in the Gazette, designate any device or machine or class of device or machine as an observation device. |
| (2) | The information or data concerning the vessel’s position and fishing activities referred to in subsection (3) may be fed or captured manually into the observation device or automatically from machines aboard the vessel or ascertained by the use of the observation device’s transmissions in conjunction with other machines. |
| (3) | All information or data obtained or ascertained by the use of an observation device, shall be prima facie evidence that such information— |
| (a) | came from the vessel so identified; |
| (b) | was accurately relayed or transferred; and |
and evidence may be given of information and data so obtained or ascertained whether from a printout or visual display unit.
| (4) | Subsection (3) applies irrespective of whether or not the information was stored before or after any transmission or transfer. |
| (a) | His or her name, address, official position, place of appointment and provision in terms of which he or she is appointed; |
| (b) | that he or she is competent to read the printout or visual display unit of any machine capable of obtaining or ascertaining information from an observation device; |
| (c) | the date and time the information was obtained or ascertained from the observation device and the details thereof; |
| (d) | the name and call sign of the vessel on which the observation device is or was located as known to him or her or as ascertained from any official register, record or other document; and |
| (e) | that there appeared to be no malfunction in the observation device, its transmissions or other machines used in obtaining or ascertaining the information. |
| (6) | Section 71 shall, with the necessary changes, apply to a certificate issued in terms of this section. |
| (7) | No person shall destroy, damage, render inoperative or otherwise interfere with an observation device or machine aboard a vessel, vehicle or aircraft which automatically feeds or inputs information or data into an observation device. |
| (8) | No person shall intentionally feed or capture information or data into an observation device which is not officially required in terms of this Act, or is false or inaccurate. |
