Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 437

Simplification of proof in certain cases

437. Simplification of proof in certain cases

In any prosecution or other legal proceedings under this Act instituted by or
under the direction of the Minister or the Secretary or by any officer of the
Department or by any member of the police force-

(1) no proof shall be required-





* * * * *



   (b)  of any order or authority to prosecute;

   (c)  of the particular or general appointment of any officer of the
        Department;







* * * * *





* * * * *







(2) the burden of proof that any person is licensed or any premises are
registered under this Act shall be upon the party charged;

(3) the burden of proof that any persons are or are not (as the case requires)
members of the same family shall be upon the party charged;

(4) the burden of proof that any animal does not belong to a person charged
shall be on the person charged;

(5) the burden of proof that any animal carcass meat or substance was not sold
or intended for human consumption shall be on the person charged;

	(6)   (a)	any statement made by an officer of a body corporate shall be admissible as evidence against that body corporate in any civil or criminal proceedings under this Act;
   (b)  for the purposes of this section officer of a body corporate means the
        managing director or other governing officer, by whatever name called,
        of the body corporate or any member of its governing body and includes
        any officer or employee of the body corporate who exercises any
        superintendence of or control over any part of the operations of the
        body corporate.