LIQUOR CONTROL ACT 1988 - SECT 172
LIQUOR CONTROL ACT 1988 - SECT 172
172 . Averments in charges, proof of certain documents and facts
(1) In proceedings
under this Act or for an offence against this Act, an allegation in the charge
—
(a) that
a substance referred to in the charge was liquor; or
(b) that
a person named in the charge is (or is not), or was (or was not) on a
specified date —
(i)
licensed; or
(ii)
licensed in respect of any specified premises; or
(iii)
the holder of a specified permit; or
(iv)
an approved unrestricted manager or an approved
restricted manager;
or
(c) that
any premises named in the charge are (or are not), or were (or were not) on a
specified date, licensed premises or regulated premises; or
(d) that
a part of any premises specified was a reception area, or declared to be out
of bounds to juveniles; or
(e) that
a person named in the charge is, or was on a specified date, a juvenile; or
(f) that
a licence referred to in the charge is, or was on a specified date, subject to
specified conditions or not so subject, or was of a specified class, or
suspended; or
(g) that
a person named in the charge is (or is not), or was (or was not) on a
specified date, a licensee or a manager of specified licensed premises or an
employee or agent of that licensee, or an authorised person in relation to any
specified premises; or
(h) that
a person named in the charge is, or was on a specified date, an authorised
officer or an officer of the licensing authority; or
(j) that
a person named in the charge has, or had on a specified date, a specified
function by virtue of a delegation by the Director under this Act; or
(k) that
a delegation by the Director under this Act is, or was on a specified date,
subject to specified conditions; or
(m) that
a person named in the charge is (or is not), or was (or was not) on a
specified date —
(i)
a lodger of specified licensed premises; or
(ii)
a resident, worshipper, student, parent of a school
child, worker, resident, or hospital patient in the vicinity of specified
licensed premises;
or
(n) that
a specified place is a park, reserve or sportsground or within the boundaries
of the metropolitan area, or a specified town or townsite; or
(na)
that on a specified date the person named in the charge did not have the
consent of the occupier, or of the person or authority having control, of a
place or premises where the person named in the charge consumed liquor at that
date; or
(o) that
a person named in the charge is the Commissioner of Police, or a police
officer; or
(p) that
a police officer holds a certain rank or is in charge of a police station or
is specially authorised in any manner,
shall be accepted as
proved in the absence of proof to the contrary, and in this subsection a
reference to a charge shall be construed as including a reference to an
objection to be determined by the Commission.
(2) In proceedings
under this Act against a person as the holder of a licence or permit, the
person shall be taken to be the holder of that licence or permit in the
absence of proof to the contrary.
(3) In any legal
proceedings, a document apparently certified by the Director to be a licence,
permit, notice or other document issued under this Act, or to be a copy of a
licence, permit, notice or other document issued under this Act, or to be a
document or a copy of a document provided or produced to the licensing
authority, shall be —
(a)
accepted as such in the absence of proof to the contrary; and
(b) for
all purposes sufficient evidence of the matter contained in the document,
without producing the original.
(4) In all proceedings
in which the giving of any notice to a party to the proceedings by the
licensing authority, or of any other document required or authorised under
this Act, has to be proved, the party is deemed to have received notice to
produce that document, and, until the contrary is shown, the giving of the
notice or the due service of the document may be sufficiently proved by the
production of what purports to be a copy, bearing what purports to be a
certificate signed by the person giving that notice or authorised to issue the
original document, or the Director, as the case may be, that the copy is a
true copy of the original and that the original notice was given or document
served on the date specified in the certificate.
(5) The validity of
any notice or other document or of its service is not affected by any error,
misdescription, or irregularity which is not calculated to mislead, or which
in fact does not mislead.
(6) In all courts and
before all persons authorised to receive evidence —
(a) a
signature purporting to be that of the Minister, the chairperson or any other
member of the Commission, the Director or any other authorised officer, shall
be taken to be the signature of the person whose signature it purports to be
in the absence of proof to the contrary; and
(b) a
certificate purporting to be signed by the Director that a notice or other
document of the description mentioned in the statement has or has not been
given to or served on a person under this Act or as to the date of and the
particulars contained in any notice so given or any document so served is
evidence of the matter specified in the statement; and
(c) a
notification in the Gazette as to the exercise by the licensing authority of
any power conferred under this Act, or as to any order made under this Act, is
evidence of the facts therein stated.
(7) Where proceedings
are taken in the name of the Director by an authorised officer no proof shall
be required of the appointment of that officer or of the authority of that
officer to take those proceedings, and the averment in the prosecution notice
that the officer is so authorised shall be deemed to be proof of the fact, in
the absence of proof to the contrary.
(8) A certificate,
purporting to be signed by the Director, certifying that on a day specified in
the certificate a person named in the certificate was a delegate of the
Director under section 15 to whom such functions of the licensing authority as
are specified in the certificate had been delegated on terms, if any, so
specified shall be admissible in evidence in any proceedings and, in the
absence of proof to the contrary, shall be proof of the matters stated in the
certificate.
(9) In any proceedings
against a person for failing or neglecting duly to provide a return a
certificate, purporting to be signed by the Director, certifying that the
return has not been received from that person shall be admissible in evidence
in those proceedings and, in the absence of proof to the contrary, shall be
proof that the accused has failed duly to provide the return.
(10) In any
proceedings against a person for failing or neglecting duly to provide the
licensing authority with any information required by the licensing authority a
certificate, purporting to be signed by the Director, certifying —
(a) that
the accused was so required to provide the licensing authority with the
information of the nature specified in the certificate; and
(b) that
the accused failed duly to provide the information when required by the
licensing authority,
shall be admissible in
evidence in those proceedings and, in the absence of proof to the contrary,
shall be proof of the matters so stated therein.
(11) For the purposes
of any proceedings against a person for the recovery of a license fee or
penalty payable under this Act, a certificate, purporting to be signed by the
Director, certifying —
(a) that
a specified person is liable for the payment of a specified licence fee or
penalty in respect of a specified period; or
(b) that
a specified person held a specified licence at a specified time or during a
specified period; or
(c) that
a return required by section 145 to be lodged by a specified person had not
been lodged in accordance with that section; or
(d) that
a subsidy of a specified amount was paid to a specified person on a specified
day in relation to a specified period; or
(e) that
specified conditions were imposed on a specified person by the Director under
section 130(2); or
(f) that
notice under section 135 has been given to a specified person that a specified
penalty was to be paid by a specified date and that penalty has not been paid;
or
(g) that
an amount specified was at the date of the certificate payable as a licence
fee or penalty by a specified person in respect of a specified licence for a
specified licensing period, and has not been paid,
shall be admissible in
evidence in any proceedings against the person for the recovery of a licence
fee or penalty and, in the absence of proof to the contrary, shall be proof of
the matters stated in the certificate.
(12) In subsection
(11), specified means specified in the certificate.
(13) For the purpose
of any proceedings against a person for the recovery of an amount payable
under section 148 as a debt due to the Crown a certificate, purporting to be
signed by the Director, certifying the circumstances and provision under which
the amount became payable and certifying the amount estimated to be payable by
a person under that section and that the amount has not been paid, shall be
admissible in evidence and, in the absence of proof to the contrary, shall be
proof of the matters stated in the certificate.
(14) The production of
any document or a copy of a document signed, or purporting to be signed, by
the Director, or purporting to have been issued by the licensing authority
(that document or copy purporting to be a notice or a copy of a notice
specifying a liability of a person under this Act), shall be conclusive
evidence —
(a) of
the due exercise of any act required by this Act to be done or performed by
the licensing authority for the purpose of ascertaining the liability so
specified; and
(b) of
the correctness of any calculations upon which that liability is ascertained.
[Section 172 amended: No. 56 of 1997 s. 49; No. 12
of 1998 s. 10(12) and 93; No. 84 of 2004 s. 80 and 82; No. 73 of 2006 s. 101
and 106; No. 56 of 2010 s. 21; No. 25 of 2023 s. 21(1).]