Victorian Current Acts Victorian Current Acts(1) In any proceeding for an offence under section 33E(1), (2) or (3) against a person, evidence that water has been taken to, diverted to or used on land occupied by the person is evidence that the person took the water and, in the absence of evidence to the contrary, is proof of that fact.
(2) To avoid doubt, subsection (1) applies to a person who is the occupier of land who is also the owner of the land.
(3) In a proceeding for an offence under section 33E(1), (2) or (3), if a person has been found guilty of an offence under section 288(1), (2) or (3) in relation to a meter of an Authority that measures the amount of water that is taken to, delivered to or used on land, the finding of guilt is evidence that—
(a) the person took water and, in the absence of evidence to the contrary, is proof of that fact; and
(b) the person was not authorised to take the water and, in the absence of evidence to the contrary, is proof of that fact.
S. 33EB inserted by No. 23/2019 s. 25.