Evidence as to certain matters
118 Evidence as to certain matters
In proceedings for an offence alleged to have been committed under this Act or for the recovery of any amount alleged to be due under this Act, an averment in a complaint that – any land or premises is, or was at any time, situated in or outside an operational district; any person is, or was at any time, the owner or occupier of any land or premises; any person is, or was at any time, the agent of the owner or occupier of any land or premises; or any person is, or was at any time, the owner or person in charge of any property – is, until the contrary is established, prima facie evidence of those matters.
Where, in any proceedings for an offence alleged to have been committed under this Act, it is necessary to prove that any report or recommendation was made to the Commission, evidence that that report or recommendation was so made may be given in those proceedings by the production of a document that – purports to be a copy of that report or recommendation; and includes a certificate purporting to be signed by the Chief Officer – stating that the document is a true copy of that report or recommendation; and specifying the date on which that report or recommendation was made to the Commission.
In any proceedings – a certificate purporting to be signed by the Chief Officer certifying that a day specified in the certificate was a day of total fire ban under section 70 is evidence of the matter certified; and a certificate purporting to be signed by the Chief Officer certifying that a period specified in the certificate was a fire permit period under section 61 is evidence of the matter certified.
This Act’s bill:Explanatory notesSecond reading speech
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