Proof of certain matters
172 Proof of certain matters
In proceedings under this Act or for an offence against this Act, an allegation in the charge —
that a substance referred to in the charge was liquor; or
that a person named in the charge is (or is not), or was (or was not) on a specified date —
licensed; or
licensed in respect of any specified premises; or
the holder of a specified permit; or
an approved unrestricted manager or an approved restricted manager;
or
that any premises named in the charge are (or are not), or were (or were not) on a specified date, licensed premises or regulated premises; or
that a part of any premises specified was a reception area, or declared to be out of bounds to juveniles; or
that a person named in the charge is, or was on a specified date, a juvenile; or
that a licence referred to in the charge is, or was on a specified date, subject to specified conditions or not so subject, or was of a specified class, or suspended; or
that a person named in the charge is (or is not), or was (or was not) on a specified date, a licensee or a manager of specified licensed premises or an employee or agent of that licensee, or an authorised person in relation to any specified premises; or
that a person named in the charge is, or was on a specified date, an authorised officer or a person employed or engaged in the Department; or
that a person named in the charge has, or had on a specified date, a specified function by virtue of a delegation by the Director under this Act; or
that a delegation by the Director under this Act is, or was on a specified date, subject to specified conditions; or
that a person named in the charge is (or is not), or was (or was not) on a specified date —
a lodger of specified licensed premises; or
a resident, worshipper, student, parent of a school child, worker, resident, or hospital patient in the vicinity of specified licensed premises;
or
that a specified place is a park, reserve or sportsground or within the boundaries of the metropolitan area, or a specified town or townsite; or
that on a specified date the person named in the charge did not have the consent of the occupier, or of the person or authority having control, of a place or premises where the person named in the charge consumed liquor at that date; or
that a person named in the charge is the Commissioner of Police, or a police officer; or
that a police officer holds a certain rank or is in charge of a police station or is specially authorised in any manner,
shall be accepted as proved in the absence of proof to the contrary.
In proceedings under this Act against a person as the holder of a licence or permit, the person shall be taken to be the holder of that licence or permit in the absence of proof to the contrary.
In any legal proceedings, a document apparently certified by the Director to be a licence, permit, notice or other document issued under this Act, or to be a copy of a licence, permit, notice or other document issued under this Act, or to be a document or a copy of a document provided or produced to the Director, shall be —
accepted as such in the absence of proof to the contrary; and
for all purposes sufficient evidence of the matter contained in the document, without producing the original.
In all proceedings in which the giving of any notice to a party to the proceedings by the Director, or of any other document required or authorised under this Act, has to be proved, the party is taken to have received notice to produce that document, and, until the contrary is shown, the giving of the notice or the due service of the document may be sufficiently proved by the production of what purports to be a copy, bearing what purports to be a certificate signed by the person giving that notice or authorised to issue the original document, or the Director, as the case may be, that the copy is a true copy of the original and that the original notice was given or document served on the date specified in the certificate.
The validity of any notice or other document or of its service is not affected by any error, misdescription, or irregularity which is not calculated to mislead, or which in fact does not mislead.
In all courts and before all persons authorised to receive evidence —
a signature purporting to be that of the Minister, the Director, or another authorised officer, is taken to be the signature of the person whose signature it purports to be in the absence of proof to the contrary; and
a certificate purporting to be signed by the Director that a notice or other document of the description mentioned in the statement has or has not been given to or served on a person under this Act or as to the date of and the particulars contained in any notice so given or any document so served is evidence of the matter specified in the statement; and
a notification in the Gazette as to the exercise by the Director of any power conferred under this Act, or as to any order made under this Act, is evidence of the facts therein stated.
Where proceedings are taken in the name of the Director by an authorised officer no proof shall be required of the appointment of that officer or of the authority of that officer to take those proceedings, and the averment in the prosecution notice that the officer is so authorised is taken to be proof of the fact, in the absence of proof to the contrary.
A certificate, purporting to be signed by the Director, certifying that on a day specified in the certificate a person named in the certificate was a person to whom such functions of the Director as are specified in the certificate had been delegated on terms, if any, so specified shall be admissible in evidence in any proceedings and, in the absence of proof to the contrary, shall be proof of the matters stated in the certificate.
In any proceedings against a person for failing or neglecting duly to provide a return a certificate, purporting to be signed by the Director, certifying that the return has not been received from that person shall be admissible in evidence in those proceedings and, in the absence of proof to the contrary, shall be proof that the accused has failed duly to provide the return.
In any proceedings against a person for failing or neglecting duly to provide the Director with any information required by the Director a certificate, purporting to be signed by the Director, certifying —
that the accused was so required to provide the Director with the information of the nature specified in the certificate; and
that the accused failed duly to provide the information when required by the Director,
shall be admissible in evidence in those proceedings and, in the absence of proof to the contrary, shall be proof of the matters so stated therein.
For the purposes of any proceedings against a person for the recovery of a licence fee or penalty payable under this Act, a certificate, purporting to be signed by the Director, certifying —
that a specified person is liable for the payment of a specified licence fee or penalty in respect of a specified period; or
that a specified person held a specified licence at a specified time or during a specified period; or
that a return required by section 145 to be lodged by a specified person had not been lodged in accordance with that section; or
[(d)-(f) deleted]
that an amount specified was at the date of the certificate payable as a licence fee or penalty by a specified person in respect of a specified licence for a specified licensing period, and has not been paid,
shall be admissible in evidence in any proceedings against the person for the recovery of a licence fee or penalty and, in the absence of proof to the contrary, shall be proof of the matters stated in the certificate.
In subsection (11), specified means specified in the certificate.
For the purpose of any proceedings against a person for the recovery of an amount payable under section 147 as a debt due to the Crown a certificate, purporting to be signed by the Director, certifying the circumstances and provision under which the amount became payable and certifying the amount determined to be payable by a person under that section and that the amount has not been paid, is admissible in evidence and, in the absence of proof to the contrary, is proof of the matters stated in the certificate.
The production of any document or a copy of a document signed, or purporting to be signed, by the Director, or purporting to have been issued by the Director (that document or copy purporting to be a notice or a copy of a notice specifying a liability of a person under this Act), shall be conclusive evidence —
of the due exercise of any act required by this Act to be done or performed by the Director for the purpose of ascertaining the liability so specified; and
of the correctness of any calculations upon which that liability is ascertained.
[Section 172 amended: No. 56 of 1997 s. 49; No. 12 of 1998 s. 10(12) and 93; No. 84 of 2004 s. 80 and 82; No. 73 of 2006 s. 101 and 106; No. 56 of 2010 s. 21; No. 25 of 2023 s. 21(1); No. 20 of 2025 s. 60, 67, 115 and 124(1).]
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