Victorian Current Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 214

Evidence

    (1)     In any proceedings for an offence against this Act evidence that any person carries on business in a place where goods are kept in stock is evidence that the goods are in the possession of the person for supply.

    (2)     In any proceedings for an offence against this Act, evidence that goods were imported from a particular port of shipment is evidence, and in the absence of evidence to the contrary, is proof, that the goods were manufactured or produced in the country in which that port of shipment is situated.

    (3)     In any proceedings for an offence against this Act, the production by the prosecutor of the certificate of an analyst is proof of the facts stated in the certificate unless the defendant, at least 14 days before the hearing commences, has given notice in writing to the prosecutor that he or she requires the analyst to be called as a witness.

    (4)     In any proceedings under this Act, goods which have been manufactured are presumed, in the absence of evidence to the contrary, to have been manufactured for supply.

S. 215 amended by No. 23/2016 s. 18, substituted by No. 47/2019 s. 5.



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