South Australian Current Acts

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NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 75

75—Evidentiary provisions

        (1)         In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by the Director, and to state that at any specified time or during any specified period a person was or was not the holder of a permit under this Act is proof of the matter so stated in the absence of proof to the contrary.

        (2)         In any proceedings for an offence against this Act, an allegation in a complaint that a place referred to in the complaint is, or was at a time specified in the complaint, a reserve or sanctuary under this Act or a wilderness protection area or wilderness protection zone or is situated within a reserve, sanctuary, wilderness protection area or zone, will be accepted as proved in the absence of proof to the contrary.

        (3)         Where in any proceedings for an offence against this Act, any question arises as to whether the defendant was duly authorised pursuant to this Act to perform the action subject to the charge, the onus of proving that authorisation lies upon the defendant.

        (4)         In any proceedings for an offence against this Act, an allegation in the complaint that a person named in the complaint is, or was at a time specified in the complaint, a warden will be accepted as proved in the absence of proof to the contrary.

        (5)         In proceedings for an offence against this Act, an allegation in the complaint that an animal referred to in the complaint was a protected animal, or that a carcass or egg referred to in the complaint was the carcass or egg of a protected animal, will be accepted as proved in the absence of proof to the contrary.

        (6)         In any proceedings for an offence against this Act, an allegation in the complaint that an animal referred to in the complaint was of a specified species, or that a carcass or egg referred to in the complaint was the carcass or egg of an animal of a specified species, will be accepted as proved in the absence of proof to the contrary.



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