Western Australian Current Acts

FIREARMS ACT 1973 - SECT 29

29 .         Evidence

        (1)         In a prosecution for an offence against this Act an averment in the prosecution notice —

            (a)         that a person is, or at a particular time was or was not, the holder of a particular licence or permit, or a particular Extract of Licence, under this Act; or

            (b)         that a person, place, organisation or thing is, or at a particular time was or was not, the subject of a particular approval granted by the Commissioner for a particular purpose under this Act; or

            (c)         that a particular firearm or ammunition is of a particular calibre or kind; or

            (d)         that a particular licence, permit or approval issued or granted under this Act was, at a particular time, subject, to a particular restriction, limitation or condition; or

            (e)         that a person named in the prosecution notice is, or at a particular time was —

                  (i)         a member of the Police Force acting with the authority of the Commissioner; or

                  (ii)         a member of the Police Force to whom a particular function has or had been delegated by the Commissioner;

                or

            (f)         that an authorisation or delegation granted by the Commissioner under this Act is, or at a particular time was, subject to a particular condition; or

            (g)         that particular premises were a place to which an approval or a requirement under this Act applies, or at a particular time applied,

                is evidence of the matter averred.

        (2)         In any proceedings under this Act a document or writing purporting to be, or to be a copy of or extract from, any licence, permit, approval or other document issued under this Act, or provided or produced to the Commissioner or a member of the Police Force in connection with any application or request for information under this Act —

            (a)         is evidence which is admissible, and is to be accepted as to the matter contained in the document in the absence of proof to the contrary; and

            (b)         if it is proved to be an examined copy or extract, purporting to be signed and certified as such by or on behalf of the Commissioner, is for all purposes sufficient evidence of the matter contained in the original without producing the original.

        [Section 29 amended: No. 59 of 1996 s. 31 and 43; No. 84 of 2004 s. 80.]

        [Heading inserted: No. 13 of 2022 s. 53.]

        [Heading inserted: No. 13 of 2022 s. 53.]