Evidence of authorisation and enforcement matters
118 Evidence of authorisation and enforcement matters
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, taken to be proved —
that the prosecutor is authorised to commence the prosecution;
that at a specified time a specified person was an inspector or a person assisting an inspector under section 91;
that at a specified time a specified person was or was not authorised to do a specified thing under an authorisation;
that at a specified time a specified person was or was not the holder of an authorisation;
that at a specified time a place, conveyance or other thing was or was not the subject of an authorisation or exemption under this Act;
that at a specified time a specified person was or was not the subject of an authorisation or exemption under this Act;
that at a specified time an authorisation or exemption was cancelled, suspended or for any other reason of no effect;
that at a specified time an authorisation or exemption was subject to any specified condition;
that at a specified time a person held a specified office;
that at a specified time a specified amount of costs, charges or expenses was lawfully incurred for the purposes of this Act;
that at a specified time a prescribed fee had not been paid;
that at a specified time a specified thing was seized under this Act;
that at a specified time a person was or was not a veterinarian or a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession.
In proceedings for an offence under this Act a notice, authorisation or exemption, issued under this Act, including the conditions applying to any such thing, may be proved by tendering a copy of it certified by the Director General to be a true copy of the original.
[Section 118 amended: No. 35 of 2010 s. 32; No. 19 of 2021 s. 227(6).]
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