FISHERIES ACT 1995 - SECT 122 Evidentiary and onus of proof provisions

FISHERIES ACT 1995 - SECT 122

S. 122(1) amended by No. 5/1997

s. 24(1)(a).

    (1)     In any proceedings for an offence under this Act—

        (a)     the onus of proof that fish was not received, processed or sold by the person, is on the person charged with the offence;

        (b)     any fish found in, on or attached to any boat, premises, aircraft or vehicle used for the taking, sale, receiving or processing for sale of fish is presumed until the contrary is proved, to be intended for sale for human consumption;

        (c)     any unprocessed fish found in the possession of any person during a closed season for that type of fish is presumed until the contrary is proved to have been taken by the person during the closed season;

S. 122(1)(d) repealed by No. 108/2003 s. 50(d).

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        (e)     the claim that a boat is a foreign boat is to be taken to be proved unless the contrary is proved;

        (f)     the production of a copy of the Government Gazette containing any matters required by this Act to be published in the Government Gazette is conclusive evidence of the matters specified therein;

S. 122(1)(g) amended by Nos 5/1997

s. 24(1)(b), 56/2003 s. 4, 68/2016 s. 110.

        (g)     the production of a certificate purporting to be signed by the chief executive officer stating that any incorporated document or any amendment to an incorporated document was available for inspection is evidence of the facts stated in the absence of evidence to the contrary.

S. 122(2) amended by No. 5/1997

s. 24(1)(a).

    (2)     In any proceedings for an offence under this Act with respect to any fish alleged to have been taken from Victorian waters, it is upon the person charged to prove that the fish were not taken in Victorian waters.

S. 122(3) amended by No. 5/1997

s. 24(1)(c).

    (3)     A person who is in a boat, aircraft, car or other vehicle, or on any premises, in or on which there is fish of a priority species is deemed to be in possession of those fish until the contrary is proved.

S. 122(4) inserted by No. 108/2003 s. 15, repealed by No. 68/2009 s. 97(Sch. item 58.3).

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Note to s. 122(4) repealed by No. 68/2009 s. 97(Sch. item 58.3).

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