Evidentiary provisions
59 Evidentiary provisions
In any prosecution or other legal proceedings under this Act or the regulations—
S. 59(1)(a) amended by No. 16/2026 s. 110.
any regulated food found on any regulated premises or other premises or vehicle used for the sale, manufacturing, storing, supplying or conveying for sale of regulated food is presumed in the absence of evidence to the contrary, to be intended for sale for human consumption;
the production of a copy of the Government Gazette containing any matters required by this Act to be published in the Government Gazette is conclusive evidence of the matters specified therein;
S. 59(1)(c) amended by No. 16/2026 s. 77(1).
the production of a certificate purporting to be signed by the Safe Food Victoria CEO stating that a Code of Practice or any incorporated document or any amendment to an incorporated document was available for inspection is evidence of the facts stated in the absence of evidence to the contrary;
proof is not required as to—
S. 59(1)(d)(i) amended by No. 16/2026 s. 77(2).
the particular or general appointment of any authorised officer, the Safe Food Victoria chairperson, the Safe Food Victoria CEO or any other officer or employee of the Authority; or
the authority of any officer or employee to prosecute—
until evidence is given to the contrary;
subject to subsections (2) and (3), if a copy of a certificate of a test bearing an endorsement to the effect that the test were carried out in a laboratory registered by the National Association of Testing Authorities, Australia, in accordance with the terms of that registration—
obtained on behalf of the informant, is served with the summons; or
S. 59(1)(e)(ii) amended by No. 68/2009 s. 97(Sch. item 43).
obtained on behalf of the accused, is given to the informant at least 7 days before the return date of the summons—
that certificate is evidence of the matters stated in the certificate.
If a certificate of a test has been obtained on behalf of a party to a prosecution, any other party may, at least 3 days before the return date of the summons, give notice in writing to the first-mentioned party requiring the person who carried out the test or endorsed the certificate or both to be called as a witness.
If on the production of a certificate of a test in any proceedings, the court—
on application by a party; or
by any other means—
is satisfied that the person who carried out the test or endorsed the certificate or both should be called as a witness in the proceedings, the Court may order that either or both persons be called as a witness by the party who produced the certificate.
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