Evidentiary matters
103 Evidentiary matters
In the absence of evidence to the contrary, proof is not required in any proceeding for an offence against this Act —
that the prosecutor is authorised to commence the prosecution; or
that a signature on a prosecution notice alleging the offence is the signature of a person authorised to commence the prosecution.
In the absence of evidence to the contrary, in a proceeding for an offence against this Act —
an allegation in the prosecution notice of any of the following matters is taken to be proved —
that specified persons constituted the Board on a specified date;
that a specified resolution, order or act was passed, made or done by the Board on a specified date;
that at a specified time a person was or was not registered under this Act in a specified class of building service practitioner or building service contractor;
that at a specified time a person’s registration was subject to specified conditions;
that a person’s registration in a specified class of building service practitioner or building service contractor was suspended on any day or during any specified period;
and
a copy of or extract from the register or any statement that purports to reproduce matters entered in the register that is certified by the Building Commissioner as a true copy, extract or statement, is evidence of the facts appearing in that copy, extract or statement; and
judicial notice is to be taken of the fact that a person is the holder of the office of Building Commissioner and of the signature of the Building Commissioner on a certificate purporting to be issued under paragraph (b).
In subsection (2) —
specified means specified in the prosecution notice.
This section is in addition to and does not affect the operation of the Evidence Act 1906.
This Act’s bill:Explanatory memorandumSecond reading speech
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