• Specific Year
    Any

LIQUOR LICENSING ACT 1997 - SECT 135

LIQUOR LICENSING ACT 1997 - SECT 135

135—Evidentiary provision

        (1)         In proceedings for an offence against this Act or in disciplinary proceedings under Part 8, an allegation in the complaint—

            (a)         that a substance referred to in the complaint was liquor;

            (b)         that a person named in the complaint is, or was on a specified date, a licensed person or an unlicensed person;

            (c)         that premises referred to in the complaint are, or were on a specified date, licensed premises;

            (d)         that a person named in the complaint is, or was on a specified date, a minor;

            (e)         that a licence referred to in the complaint is, or was on a specified date, subject to specified conditions;

            (f)         that a person named in the complaint is, or was on a specified date, a responsible person for licensed premises;

            (g)         that a person named in the complaint is, or was on a specified date, occupying a position of authority in a trust or corporate entity that holds a licence under this Act;

            (h)         that a person named in the complaint is, or was on a specified date, an inspector,

must be accepted as proved in the absence of proof to the contrary.

        (2)         In legal proceedings, a document apparently certified by the Commissioner to be a licence, certificate, notice or other document issued under this Act, or to be a copy of a licence, certificate, notice or other document issued under this Act, must be accepted as such in the absence of proof to the contrary.

        (3)         In legal proceedings, proof that a person has advertised, or has by any other means given the impression, that the person will sell liquor must, in the absence of proof to the contrary, be accepted as proof that the person has sold liquor.

        (4)         In legal proceedings, a document apparently signed by the Commissioner stating—

            (a)         that a specified person has, or had on a specified date, a specified power or function because of a delegation by the Commissioner under this Act; or

            (b)         that a delegation by the Commissioner under this Act is, or was on a specified date, subject to specified conditions,

is, in the absence of proof to the contrary, proof of the facts as stated.