New South Wales Consolidated Acts

TIMBER MARKETING ACT 1977 - SECT 32A

32A Presumption that certain timber or article is for sale

(1) In proceedings under this Act for a contravention of, or failure to comply with, a provision of this Act relating to the selling of timber or an article (being proceedings against a person who carries on the business of selling timber or articles), it shall be presumed, in the absence of evidence to the contrary, that any timber or article found at a place of business of the person is offered or exposed for sale or held in possession for sale.

(2) The presumption in subsection (1) does not apply if it is established that the timber or article:

(a) has attached to it or exhibited near it, in the prescribed manner, a notice, in the prescribed form, stating that the timber or article is not for sale, and

(b) does not have any other notice attached to it or exhibited near it, or any marking on or near to it, that purports to be the price of the timber or article or that suggests that the timber or article is being offered or exposed for sale or held in possession for sale.