Western Australian Consolidated Acts

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DOG ACT 1976 - SECT 45

45 .         Evidentiary provisions

        (1)         In any proceeding for an offence against this Act in relation to a dog — 

            (a)         an averment on the process that at a particular time a person was a person liable for the control of the dog or was the owner or the registered owner of the dog, or that a person was the occupier of any premises where the dog was ordinarily kept or ordinarily permitted to live, or that the dog was not registered or that the dog was of a particular breed is evidence of that fact; and

            (b)         the onus of proving that at a particular time the dog was registered or was under the age of 3 months lies on the person making that assertion.

        (2)         In any proceedings, whether civil or penal, a registration certificate under section 16(6), or a copy of an entry in a register certified by a registration officer, shall, without proof of the signature of the person appearing to have signed the same or that he is a registration officer, be evidence of the matters relevant to the proceedings set out in that registration certificate or certified copy.

        [Section 45 inserted by No. 23 of 1987 s. 36.]



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