Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Proceedings for an
offence under this Act may be instituted by a member of the Police Force, the
Chief Casino Officer or by a person authorised in writing by the Minister or
the Commission to institute those proceedings in a particular case.
(1a) If proceedings
for an offence under this Act are instituted by a member of the Police Force,
the Commissioner of Police shall notify the Commission in writing of —
(a) the
name of the person or persons against whom the proceedings have been
instituted;
(b) the
offence or offences alleged in the proceedings; and
(c) the
result of the proceedings.
(2) An offence under
this Act may be prosecuted at any time.
(3) The conviction or
acquittal of a person on a charge of an offence under this Act shall not
prevent a further prosecution and conviction in respect of a continuation of
that offence after the date on which he was convicted or acquitted.
(4) In proceedings for
an offence under this Act —
(a) it
shall not be necessary to prove the appointment of the Minister, a member or
an officer of the Commission or a member of the Police Force;
(b) a
signature purporting to be that of any person in a capacity referred to in
paragraph (a) shall be taken to be the signature it purports to be until
the contrary is proved;
(c) a
document or writing purporting to be a copy of any direction, notice,
requirement, order or requisition given or made under this Act or of any
licence granted or issued under this Act shall be evidence of the direction,
notice, requirement, order, requisition or licence of which it purports to be
a copy and, in the absence of evidence to the contrary, shall be conclusive
evidence thereof;
(d) a
certificate signed by the Chief Casino Officer certifying that at a specified
time or during a specified period there was or was not in force under this Act
a licence of a specified kind shall be evidence and, in the absence of
evidence to the contrary, conclusive evidence of the matters contained in the
certificate;
(e) the
authority of a person to accept service of documents on behalf of another
shall be presumed in the absence of evidence to the contrary;
(f) the
averment that any person is of a specified age or is under or over a specified
age shall be sufficient evidence of the fact until the contrary is proved; and
(g) the
averment that at a specified time, or during a specified period, specified
premises were operated as a licensed casino shall be sufficient evidence of
the fact until the contrary is proved.
(5) In any proceedings
under this Act or relating to gaming conducted under this Act, a certificate
signed by the Chief Casino Officer certifying that at a specified time or
during a specified period any specified declaration, direction, casino
operating procedure, or rules of play for authorised games, or any extract
therefrom, was —
(a) in
force under this Act; and
(b) had
been made, given, imposed or brought into force by a specified person or in a
specified manner,
shall be evidence and,
in the absence of evidence to the contrary, conclusive evidence of the matters
so specified as set out in the certificate.
[Section 36 inserted by No. 10 of 1985
s. 41; amended by No. 74 of 1987 s. 36; No. 73 of 1994
s. 4; No. 24 of 1998 s. 30; No. 84 of 2004 s. 80.]