Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In any prosecution
or legal proceedings under the provisions of this Act or the Agriculture
Protection Act instituted by or under the direction of the Protection Board,
no proof shall be required, until evidence is given to the contrary,
of —
(a) the
constitution of the Protection Board;
(b) any
order of the Protection Board to prosecute;
(c) the
particular or general appointment of any officer of the Protection Board to
take proceedings against any person;
(d) the
powers of the officer to prosecute;
(e) the
appointment of the chairperson or of any member or officer of the Protection
Board; or
(f) the
presence of a quorum at any meeting at which any order is made or any act is
done by the Protection Board.
(2) The production
of —
(a) a
copy of the Government Gazette containing any regulation, declaration,
proclamation or notice purporting to have been made or given under any of the
provisions of this Act or the Agriculture Protection Act; or
(b) a
copy purporting to be a true copy of any such regulation, declaration,
proclamation or notice, certified as such under the hand of the chairperson or
the Chief Officer or an authorised officer of the Protection Board,
shall be evidence
until the contrary is proved of the due making, existence, confirmation,
approval and giving of such regulation, declaration, proclamation or notice,
and of all preliminary steps necessary to give full force and effect to the
same.
(3) The provisions of
this section are in addition to, and not in derogation of, those of the
Evidence Act 1906 .
[Section 31 amended by No. 25 of 1976
s. 17; No. 29 of 1995 s. 5.]