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s 138

Allegations in prosecution notices

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Part 12Legal proceedings
Division 2Evidence in legal proceedings

138 Allegations in prosecution notices

(1)

In proceedings for an offence against 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 —

(a)

that at a specified time a building permit, a demolition permit, an occupancy permit, or a building approval certificate was or was not in effect in relation to specified building or demolition work or to a specified building or incidental structure;

(b)

that at a specified time a person was named as the builder on a specified building permit, or as the demolition contractor on a specified demolition permit;

(c)

that at a specified time a specified person was an owner or occupier of specified land;

(d)

that at a specified time the State, a specified special permit authority or a specified local government was a, or the, permit authority for a specified building or incidental structure;

(e)

that at a specified time a specified building or incidental structure was located in a specified local government district or, if located as proposed, would have been located in a specified local government district;

(f)

that at a specified time a declaration under section 39(2) was or was not in effect;

(g)

that at a specified time a person held a specified office.

(2)

In subsection (1) —

specified means specified in the prosecution notice.

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