566   Simplified outline of this Chapter

566A   Definitions

                   In this Chapter:

approval period , for a change in control of a registered holder of a title, means the period:

                     (a)  starting on the day the notice of approval for the change in control is given; and

                     (b)  ending at the earliest of the following:

                              (i)  immediately after the change in control takes effect;

                             (ii)  if the approval of a change in control is revoked—when the notice of revocation is given;

                            (iii)  9 months after the day the notice of approval is given.

change in control : see subsection 566B(4).

control : see subsection 566B(1).

Register :

                     (a)  in relation to a change in control of a registered holder of any of the following, means the Register kept under section 469:

                              (i)  a petroleum exploration permit;

                             (ii)  a petroleum retention lease;

                            (iii)  a petroleum production licence;

                            (iv)  an infrastructure licence;

                             (v)  a pipeline licence;

                     (b)  in relation to a change in control of a registered holder of any of the following, means the Register kept under section 521:

                              (i)  a greenhouse gas assessment permit;

                             (ii)  a greenhouse gas holding lease;

                            (iii)  a greenhouse gas injection licence.

title means:

                     (a)  a petroleum exploration permit; or

                     (b)  a petroleum retention lease; or

                     (c)  a petroleum production licence; or

                     (d)  an infrastructure licence; or

                     (e)  a pipeline licence; or

                      (f)  a greenhouse gas assessment permit; or

                     (g)  a greenhouse gas holding lease; or

                     (h)  a greenhouse gas injection licence.

566B   Meaning of control and change in control of registered holder

             (1)  A person controls the registered holder of a title if the person (whether alone or together with one or more other persons the person acts jointly with):

                     (a)  holds the power to exercise, or control the exercise of, 20% or more of the voting rights in the registered holder; or

                     (b)  holds, or holds an interest in, 20% or more of the issued securities in the registered holder.

             (2)  A person acts jointly with another person if the person acts or is accustomed to acting in agreement with, or in accordance with the wishes of, the other person.

             (3)  The regulations may prescribe a different percentage, or different percentages, to the percentage specified in paragraph (1)(a) or (b).

             (4)  There is a change in control of a registered holder of a title if:

                     (a)  one or more persons (an original controller ) control the registered holder of a title at a particular time; and

                     (b)  either:

                              (i)  one or more other persons begin to control the registered holder (whether alone or together with one or more other persons the person acts jointly with) after that time; or

                             (ii)  an original controller (whether alone or together with one or more other persons the person acts jointly with) ceases to control the registered holder after that time.

566C   Application for approval

             (1)  A person who:

                     (a)  proposes to begin to control a registered holder of a title; or

                     (b)  proposes to cease to control a registered holder of a title;

may apply to the Titles Administrator for approval of a change in control of the registered holder of the title.

Note 1:       A person who begins to control, or ceases to control, a registered holder where the change in control has not been approved may commit an offence or be liable to a civil penalty (see section 566N).

Note 2:       Section 566M requires the application to be accompanied by an application fee.

             (2)  An application under this section must:

                     (a)  be made in an approved manner; and

                     (b)  be in the approved form; and

                     (c)  be accompanied by any information or documents required by the form.

             (3)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.

             (4)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in paragraph (2)(a).

566D   Titles Administrator must decide whether to approve change in control

Scope

             (1)  This section applies if an application is made for approval of a change in control of a registered holder of a title under section 566C.

Decision

             (2)  The Titles Administrator must decide:

                     (a)  to approve the change in control; or

                     (b)  to refuse to approve the change in control.

Note:          The applicant must be notified of the decision (see section 566E).

             (3)  Before deciding whether to approve or refuse to approve a change in control, the Titles Administrator may consult with one or more of the following:

                     (a)  the Cross-boundary Authority;

                     (b)  the Joint Authority;

                     (c)  NOPSEMA;

                     (d)  the responsible Commonwealth Minister.

             (4)  In deciding whether to approve or refuse to approve a change in control, the Titles Administrator:

                     (a)  must have regard to the matters specified in subsection (5); and

                     (b)  may have regard to the following matters:

                              (i)  matters raised in consultations (if any) under subsection (3);

                             (ii)  any other matters the Titles Administrator considers relevant.

             (5)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the registered holder after the change in control takes effect are sufficient to:

                              (i)  carry out the operations and works that are authorised by the titles held by the registered holder; and

                             (ii)  discharge the obligations that are imposed under this Act, or a legislative instrument under this Act, in relation to those titles;

                     (b)  the matters specified in section 695YB as they apply to a person who will begin to control the registered holder;

                     (c)  if a person who will begin to control the registered holder is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

566E   Notice of decision

Notice of approval

             (1)  If the Titles Administrator approves a change in control of a registered holder of a title, the Titles Administrator must give the applicant written notice of the approval.

Notice of refusal

             (2)  If the Titles Administrator refuses to approve the change in control of a registered holder of a title, the Titles Administrator must give the applicant written notice of the refusal.

566F   Retention and return of instrument

                   If an application under section 566C was accompanied by the original instrument or proposed instrument effecting a change in control of a registered holder of a title, the Titles Administrator must, after making a decision under subsection 566D(2):

                     (a)  make and retain a copy of the instrument or proposed instrument; and

                     (b)  return the original instrument or proposed instrument to the applicant.

566G   Limit of effect of approval

                   The approval of a change in control of a registered holder of a title does not give the transaction or proposed transaction effecting the change in control any force, effect or validity that the transaction would not have had if this Chapter had not been enacted.

566H   Notification of change in circumstances before or during approval period

             (1)  A person contravenes this subsection if:

                     (a)  an application is made for approval of a change in control of a registered holder of a title under section 566C; and

                     (b)  the person proposes to:

                              (i)  begin to control the registered holder; or

                             (ii)  cease to control the registered holder; and

                     (c)  there is a change in circumstances in relation to the person that materially affects any of the matters the Titles Administrator must have regard to under subsection 566D(4); and

                     (d)  the change in circumstances occurs either:

                              (i)  before the Titles Administrator makes a decision under subsection 566D(2); or

                             (ii)  if the change in control is approved—during the approval period for the change in control; and

                     (e)  the person does not notify the Titles Administrator of the matters in paragraph (c) as soon as practicable after the change in circumstances occurs.

Note 1:       Under subsection 566D(4), the Titles Administrator must have regard to various matters when deciding whether to approve or refuse to approve a change in control of a registered holder of a title.

Note 2:       Contravention of this subsection is also a ground for cancellation of the title (see paragraphs 274(e) and 446(da)).

Civil penalty provision

             (2)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          480 penalty units.

566J   Revocation of approval

Revocation

             (1)  The Titles Administrator may revoke an approval of a change in control of a registered holder of a title in the approval period for the change in control if:

                     (a)  there is a change in the circumstances of a person who is approved to:

                              (i)  begin to control the registered holder; or

                             (ii)  cease to control the registered holder; and

                     (b)  the Titles Administrator considers it appropriate to revoke the approval.

Notice of revocation

             (2)  If the Titles Administrator revokes an approval of a change in control, the Titles Administrator must give written notice of the revocation to the person given notice of the approval of the change in control.

566K   Notification of change in control

             (1)  A person contravenes this subsection if:

                     (a)  the Titles Administrator approves a change in control of a registered holder of a title; and

                     (b)  the change in control takes effect within the approval period for the change in control; and

                     (c)  the person given notice of the approval of the change in control does not notify the Titles Administrator of the matter in paragraph (b) within 10 days after the end of the approval period.

Civil penalty provision

             (2)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          480 penalty units.

             (3)  The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:          Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

566L   Change in control information to be entered in Register

             (1)  If the Titles Administrator is notified of a change in control of a registered holder of a title, the Titles Administrator must make a notation of the matters set out in subsection (2) in the Register on:

                     (a)  the memorial relating to any title held by the registered holder; or

                     (b)  a copy of that title.

             (2)  The matters are the following:

                     (a)  the date of any application made under section 566C;

                     (b)  the date of any decision made under subsection 566D(2);

                     (c)  the date the change in control took effect.

             (3)  The Titles Administrator may make such other notation in the Register as the Titles Administrator considers appropriate.

566M   Application fee

             (1)  An application for an approval under section 566C must be accompanied by the fee (if any) prescribed by the regulations.

             (2)  The fee must not be such as to amount to taxation.

             (3)  An application is taken to be accompanied by the fee if the fee is received before the end of the 10-day period that began on the day after the application was made.

566N   Change in control must be approved by Titles Administrator

             (1)  A person contravenes this subsection if:

                     (a)  there is a change in control of a registered holder of a title; and

                     (b)  the person:

                              (i)  begins to control the registered holder; or

                             (ii)  ceases to control the registered holder; and

                     (c)  either:

                              (i)  the Titles Administrator has not approved the change in control; or

                             (ii)  the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control.

Note:          Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da)).

Fault-based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 1,200 penalty units, or both.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          2,400 penalty units.

             (4)  Subsection (3) does not apply if the person did not know, and could not reasonably be expected to have known, that the person has begun to control, or ceased to control, the registered holder.

Note:          A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to that matter (see section 96 of the Regulatory Powers Act).

566P   Notification of change in control that takes effect without approval

             (1)  A person contravenes this subsection if:

                     (a)  there is a change in control of a registered holder of a title; and

                     (b)  the person:

                              (i)  begins to control the registered holder; or

                             (ii)  ceases to control the registered holder; and

                     (c)  either:

                              (i)  the Titles Administrator has not approved the change in control; or

                             (ii)  the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and

                     (d)  the person does not notify the Titles Administrator of the change in control within 30 days of the change taking effect.

Note:          Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da) of the Act).

Civil penalty provision

             (2)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          480 penalty units.

             (3)  The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:          Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

             (4)  Subsection (2) does not apply if the person did not know, and could not reasonably be expected to have known, that the person has begun to control, or ceased to control, the registered holder.

Note:          A person who wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to that matter (see section 96 of the Regulatory Powers Act).

566Q   Notification of change in control by registered holder

             (1)  A registered holder of a title contravenes this section if:

                     (a)  there is a change in control of the registered holder; and

                     (b)  either:

                              (i)  the Titles Administrator has not approved the change in control; or

                             (ii)  the Titles Administrator has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and

                     (c)  the registered holder knows or ought reasonably to know the change in control has taken effect; and

                     (d)  the registered holder does not notify the Titles Administrator of the change in control within 30 days of the change taking effect.

Civil penalty provision

             (2)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          480 penalty units.

             (3)  Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2).

566R   Titles Administrator may obtain information and documents

Scope

             (1)  This section applies if:

                     (a)  one of the following applies:

                              (i)  the Titles Administrator believes on reasonable grounds that there has been, or that there will be, a change in control of a registered holder of a title;

                             (ii)  an application is made under section 566C for an approval of a change in control of a registered holder;

                            (iii)  the approval period for the change in control of a registered holder of a title has not ended and the Titles Administrator believes on reasonable grounds that there has been, or will be, a change in the circumstances of a person approved to begin to control the registered holder or cease to control the registered holder; and

                     (b)  the Titles Administrator believes on reasonable grounds that a person has information or a document, or is capable of giving evidence, that is relevant to the matter in subparagraph (a)(i), (ii) or (iii).

Requirement

             (2)  The Titles Administrator may, by notice in writing given to the person, require the person:

                     (a)  to give the Titles Administrator, within the period and in the manner specified in the notice, any such information; or

                     (b)  to produce to the Titles Administrator, within the period and in the manner specified in the notice, any such documents; or

                     (c)  if the person is an individual—to appear before the Titles Administrator at a time and place specified in the notice to:

                              (i)  give any such evidence, either orally or in writing; and

                             (ii)  produce any such documents; or

                     (d)  if the person is a body corporate—to cause a competent officer of the body to appear before the Titles Administrator at a time and place specified in the notice to:

                              (i)  give any such evidence, either orally or in writing; and

                             (ii)  produce any such documents.

             (3)  The period specified under paragraph (2)(a) or (b) must not be shorter than 14 days after the notice is given.

             (4)  A time specified under paragraph (2)(c) or (d) must not be earlier than 14 days after the notice is given.

             (5)  A person contravenes this subsection if:

                     (a)  a person is subject to a requirement under subsection (2); and

                     (b)  the person fails to comply with the requirement.

Fault-based offence

             (6)  A person commits an offence if the person contravenes subsection (5).

Penalty:   100 penalty units.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          150 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

             (8)  The maximum penalty for each day that an offence under subsection (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:          To the extent that subsection (10) provides, subsection (6) is a continuing offence under section 4K of the Crimes Act 1914 .

             (9)  The maximum civil penalty for each day that a contravention of subsection (7) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:          To the extent that subsection (10) provides, subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

           (10)  Subsections (8) and (9) apply only in relation to a contravention of a requirement to which paragraph (2)(a) or (b) applies.

Notice to set out the effect of offence and civil penalty provisions

           (11)  A notice under subsection (2) must set out the effect of the following provisions:

                     (a)  subsection (6);

                     (b)  subsection (7);

                     (c)  subsection (8);

                     (d)  subsection (9);

                     (e)  section 566W (about giving false or misleading information);

                      (f)  section 566X (about giving false or misleading documents);

                     (g)  section 566Y (about giving false or misleading evidence).

566S   Power to examine on oath or affirmation

                   The Titles Administrator may:

                     (a)  administer an oath or affirmation to a person required to appear before the Titles Administrator under section 566R; and

                     (b)  examine that person on oath or affirmation.

566T   Self-incrimination

             (1)  An individual is not excused from giving information or evidence or producing a document under section 566R on the ground that the information or evidence or the production of the document might tend to incriminate the individual in relation to an offence.

Note:          A body corporate is not entitled to claim the privilege against self-incrimination.

             (2)  However:

                     (a)  the information or evidence given or the document produced; and

                     (b)  the giving of the information or evidence or the production of the document; and

                     (c)  any information, document or thing obtained as a direct or indirect consequence of the giving of the information or evidence or the production of the document;

are not admissible in evidence against the individual in any criminal proceedings, other than:

                     (d)  proceedings for an offence against subsection 566R(6) or section 566W, 566X or 566Y; or

                     (e)  proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part.

             (3)  If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving information or evidence or producing a document under section 566R, the individual is not excused from giving the information or evidence or producing the document under those provisions on that ground.

Note:          A body corporate is not entitled to claim the privilege against self-exposure to a penalty.

566U   Copies of documents

                   The Titles Administrator may inspect a document produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.

566V   Titles Administrator may retain documents

             (1)  The Titles Administrator may take possession of a document produced under this Part, and retain it for as long as is reasonably necessary.

             (2)  The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.

             (3)  The certified copy must be received in all courts and tribunals as evidence as if it were the original.

             (4)  Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.

566W   False or misleading information

                   A person commits an offence if:

                     (a)  the person gives information in compliance or purported compliance with subsection 566R(2); and

                     (b)  the person does so knowing that the information:

                              (i)  is false or misleading in a material particular; or

                             (ii)  omits any matter or thing without which the information is misleading in a material particular.

Note:          The same conduct may be an offence against both this section and section 137.1 of the Criminal Code .

Penalty:  100 penalty units.

566X   False or misleading documents

                   A person commits an offence if:

                     (a)  the person produces a document in compliance or purported compliance with subsection 566R(2); and

                     (b)  the person does so knowing that the document is false or misleading in a material particular.

Note:          The same conduct may be an offence against both this section and section 137.2 of the Criminal Code .

Penalty:  100 penalty units.

566Y   False or misleading evidence

                   A person commits an offence if:

                     (a)  the person gives evidence in compliance or purported compliance with subsection 566R(2); and

                     (b)  the person does so knowing that the evidence is false or misleading in a material particular.

Penalty:  Imprisonment for 12 months.

566Z   Tracing

             (1)  Subsection (4) applies if a person (whether alone or together with one or more other persons the person acts jointly with):

                     (a)  holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:

                              (i)  a corporation ( higher party ); or

                             (ii)  a partnership (a general partner of which is a higher party ); or

                     (b)  holds, or holds an interest in, 20% or more of the issued securities in a corporation ( higher party ); or

                     (c)  holds 20% or more of the interestsin:

                              (i)  a trust (a trustee of which is a higher party ); or

                             (ii)  a partnership (a general partner of which is a higher party );

including because of one or more applications of this section; and

                     (d)  the higher party (whether alone or together with one or more other persons the person acts jointly with) holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:

                              (i)  a corporation ( lower party ); or

                             (ii)  a partnership ( lower party ) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply); or

                     (e)  the higher party holds, or holds an interest in, 20% or more of the issued securities in a corporation ( lower party ); or

                      (f)  the higher party holds 20% or more of the interests in:

                              (i)  a trust ( lower party ); or

                             (ii)  a partnership ( lower party ) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply).

             (2)  A person holds 20% or more of the interests in a trust if the person holds 20% or more of:

                     (a)  the beneficial interest in the income or property of the trust; or

                     (b)  the interest in units in a unit trust.

             (3)  A person holds 20% or more of the interests in a partnership if the person is entitled to 20% or more of any of the distributions of capital, assets or profits of the partnership, either on dissolution of the partnership or otherwise.

             (4)  For the purposes of this Chapter:

                     (a)  if paragraph (1)(d) applies, the person is taken to hold the power to exercise, or control the exercise of, the voting rights in the lower party that the higher party holds the power to exercise or control; or

                     (b)  if paragraph (1)(e) applies, the person is taken to hold, or hold an interest in, the issued securities in the lower party that the higher party holds or holds an interest in; or

                     (c)  if paragraph (1)(f) applies, the person is taken to hold the interests in the lower party that the higher party holds.

             (5)  The regulations may prescribe a different percentage, or different percentages, to the percentage specified in paragraphs (1)(a) to (f) and subsection (2) or (3).

             (6)  In this section:

general partner means a partner of a partnership whose liability in relation to the partnership is not limited.

566ZA   Anti-avoidance

             (1)  A person contravenes this subsection if:

                     (a)  the person, either alone or with one or more other persons:

                              (i)  enters into a scheme; or

                             (ii)  begins to carry out a scheme; or

                            (iii)  carries out a scheme; and

                     (b)  the person does so for the sole or dominant purpose of avoiding the application of Part 5A.3 in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (a)); and

                     (c)  as a result of that scheme or part of that scheme, a person avoided the application of Part 5A.3.

Note:          Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da) of the Act).

Fault-based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Penalty:  1,200 penalty units.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          2,400 penalty units.

             (4)  In this section:

scheme means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

566ZB   Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter

                   None of the following is concerned with the effect in law of an instrument lodged under this Chapter:

                     (a)  the Joint Authority;

                     (b)  the Titles Administrator;

                     (c)  a person acting under the direction or authority of the Joint Authority or the Titles Administrator.

566ZC   Falsified documents

                   A person commits an offence if:

                     (a)  the person produces or tenders in evidence a document; and

                     (b)  the document falsely purports to be a copy of or extract from an instrument given to the Titles Administrator under this Chapter.

Note:          The same conduct may be an offence against both this section and section 137.2 of the Criminal Code .

Penalty:  50 penalty units.

566ZD   Inspection of instruments

                   The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection at all convenient times, by any person on payment of a fee calculated under the regulations.

566ZE   Evidentiary provisions

Certified copies and extracts

             (1)  The Titles Administrator may, on payment of a fee calculated under the regulations, supply a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter, certified by the Titles Administrator to be a true copy or true extract.

             (2)  The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.

Evidentiary certificate

             (3)  The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:

                     (a)  stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:

                              (i)  has been made or done; or

                             (ii)  has not been made or done; or

                     (b)  stating that an entry, matter or thing required by or under this Chapter not to be made or done:

                              (i)  has not been made or done; or

                             (ii)  has been made or done.

             (4)  The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.

Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence

             (5)  A certificate must not be admitted in evidence under subsection (4) in proceedings for an offence unless:

                     (a)  the person charged with the offence; or

                     (b)  a barrister or solicitor who has appeared for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.

Person signing the certificate may be called to give evidence

             (6)  If, under subsection (4), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:

                     (a)  called as a witness for the prosecution; and

                     (b)  cross-examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.

             (7)  However, subsection (6) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:

                     (a)  the prosecutor has been given at least 4 days’ notice of the person’s intention to require the person who signed the certificate to be so called; or

                     (b)  the court, by order, allows the person charged to require the person who signed the certificate to be so called.

Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits

             (8)  Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (3) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.