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s 104

Onus of proof

In force
Part 8Miscellaneous

104 Onus of proof

In an action, suit, or proceeding under this Act:

(a)

the averment that land is Crown land, or reserved land, or land held under lease, or occupied under licence or agreement, or that a person is authorised to take a proceeding, to do an act or perform a duty, or sue for the recovery of a penalty or other moneys under this

Act is prima facie evidence of the fact;

(b)

if a question arises as to whether the defendant was authorised to do the act complained of, the proof of that fact shall lie on the defendant; and

(c)

all licences, certificates, maps, plans and copies thereof purporting to be certified as true under the hand of the

Surveyor-General, shall, in all matters relating to such an action, suit, or proceeding, be sufficient evidence without production of original records, and without the personal attendance of the

Surveyor-General, or proof of his or her signature.

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