Onus of proof
126 Onus of proof
In an action, suit, or proceeding under this Act:
an averment that land is Crown land, or reserved or dedicated land, or land held under lease, or occupied under licence or agreement, or that a person is authorised to take proceedings, to do an act or perform a duty, or sue for the recovery of a penalty or other money under this Act, is prima facie evidence of the fact;
if a question arises as to whether the defendant was authorised to do the act complained of, proof of that fact lies with the defendant; and
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 the 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.
This Act’s bill:Second reading speech
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