Western Australian Current Acts Western Australian Current Acts (1) In proceedings for
an offence under this Act, an allegation in the prosecution notice of any of
the following matters is, in the absence of evidence to the contrary, to be
taken to be proved —
(a) that
at a specified time a person held a specified office;
(b) that
the prosecutor is authorised, and has the CEO’s consent, to commence the
prosecution;
(c) that
a specified substance is tobacco;
(d) that
at a specified time a specified substance or article was a tobacco product;
(e) that
at a specified time a person had not reached 18 years of age;
(f) that
at a specified time a person had reached 14 years of age;
(g) that
at a specified time premises were licensed premises as defined in the
Liquor Control Act 1988 section 3(1);
(h) that
at a specified time a person was a licensee as defined in the
Liquor Control Act 1988 section 3(1);
(i)
that at a specified time a person had the management or
control, or was otherwise in charge, of a mines amenity;
(j) that
at a specified time a person was or was not the holder of a licence of a
specified type;
(k) that
at a specified time a licence was subject to specified conditions and
restrictions;
(l) that
at a specified time a licence applied in relation to specified premises;
(m) that
at a specified time, a licence was suspended or revoked or a person was
disqualified from holding a licence.
(2) A certificate
purporting to be signed by the CEO or the CEO’s delegate and stating
that the person named in the certificate was, at the time or during the period
specified in the certificate —
(a) an
investigator, restricted investigator or authorised officer; or
(b) a
person authorised under section 95 to act as a controlled purchase officer,
and authorised to do
anything stated in the certificate is, without proof of any appointment,
delegation, or signature, evidence of the facts stated in the certificate.
(3) In proceedings for
an offence under this Act a licence, including the conditions and restrictions
applying to the licence, may be proved by tendering a copy of the licence
certified by the CEO to be a true copy of the original licence.
(4) In proceedings for
an offence under this Act it is to be presumed, unless the contrary is proved,
that a document purporting to have been signed or certified by the CEO, an
investigator or a police officer was signed or certified by a person who at
the time was the CEO, an investigator or a police officer, as the case may be.
(5) In proceedings for
an offence under this Act it is to be presumed, unless the contrary is proved,
that a document purporting to have been signed by a delegate of the CEO or the
Foundation was signed by a person who at the time was such a delegate and was
authorised to sign it.
(6) This section is in
addition to and does not affect the operation of the Evidence Act 1906 .
[Section 113 amended: No. 73 of 2006 s. 114; No.
19 of 2016 s. 194.]