Evidentiary provisions
53 Evidentiary provisions
In any prosecution for an offence against this Act an allegation in a charge that —
a person or boat was in a particular area of; or
an event took place in a particular area of; or
pearl oysters or pearl oyster spat were taken from,
Western Australian waters, shall, in the absence of evidence to the contrary, be conclusive evidence of the area of waters where the person or boat was or the event took place, or the waters from which the pearl oysters or pearl oyster spat were or was taken.
In any prosecution for an offence against this Act, proof that a person was handling, or had in his or her possession or control, any pearl oyster, pearl oyster spat or pearl oyster container shall, in the absence of evidence to the contrary, be conclusive evidence that the person was carrying out pearling or hatchery activities.
In any prosecution for an offence against this Act the wholesale value of any pearl oysters at the time of the offence shall be taken to be such amount as the CEO, by affidavit, declares.
[Section 53 amended: No. 84 of 2004 s. 80; No. 28 of 2006 s. 241.]
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