Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In a prosecution
for an offence against this Act an averment in the prosecution
notice —
(a) that
a person is, or at a particular time was or was not, the holder of a
particular licence or permit, or a particular Extract of Licence, under this
Act;
(b) that
a person, place, organisation or thing is, or at a particular time was or was
not, the subject of a particular approval granted by the Commissioner for a
particular purpose under this Act;
(c) that
a particular firearm or ammunition is of a particular calibre or kind;
(d) that
a particular licence, permit or approval issued or granted under this Act was,
at a particular time, subject, to a particular restriction, limitation or
condition;
(e) that
a person named in the prosecution notice is, or at a particular time
was —
(i)
a member of the Police Force acting with the authority of
the Commissioner; or
(ii)
a member of the Police Force to whom a particular
function has or had been delegated by the Commissioner;
(f) that
an authorisation or delegation granted by the Commissioner under this Act is,
or at a particular time was, subject to a particular condition; or
(g) that
particular premises were a place to which an approval or a requirement under
this Act applies, or at a particular time applied,
is evidence of the
matter averred.
(2) In any proceedings
under this Act a document or writing purporting to be, or to be a copy of or
extract from, any licence, permit, approval or other document issued under
this Act, or provided or produced to the Commissioner or a member of the
Police Force in connection with any application or request for information
under this Act —
(a) is
evidence which is admissible, and is to be accepted as to the matter contained
in the document in the absence of proof to the contrary; and
(b) if
it is proved to be an examined copy or extract, purporting to be signed and
certified as such by or on behalf of the Commissioner, is for all purposes
sufficient evidence of the matter contained in the original without producing
the original.
[Section 29 amended by No. 59 of 1996
s. 31 and 43; No. 84 of 2004 s. 80.]