New South Wales Consolidated Acts

BANANA INDUSTRY ACT 1987 - SECT 26

26 Evidence

In any legal proceedings:

(a) any notification, requisition, demand, order or other document in writing, purporting to be signed or made or sent by the Committee, the Chairperson, the Secretary of the Committee or the Minister shall be judicially noticed,

(b) the production of a copy of the Gazette purporting to contain any proclamation, or a copy of the official journal of the Federation or an official publication of the Committee purporting to contain a copy of an advertisement or notice published under this Act by the Committee, is, until the contrary is proved:

(i) evidence of the matters contained in the proclamation, advertisement or notice, and

(ii) evidence that all steps necessary to be taken prior to the making of the proclamation or publication of the advertisement or notice were duly taken,

(c) the averment on behalf of the Committee:

(i) that any bananas were or are bananas to which the provisions of this Act apply, or were or are bananas to which a direction in force under this Act applies,

(ii) that any place is a place in New South Wales, or

(iii) that any person was or is a banana grower,

is, until the contrary is proved, evidence of that fact, and

(d) a certificate purporting:

(i) to be signed by the prescribed officer of the Committee, and

(ii) to certify that on a specified day or during the whole of a specified period any person was or was not included in the list of banana growers compiled under this Act,

is, without proof of the signature of the person purporting to sign the certificate or that the person is the prescribed officer, prima facie evidence of the matters certified in and by the certificate.