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BETTING AND RACING ACT 1998 - SECT 36
Evidence
36 Evidence
(1) In any proceedings for an offence under this Act, any allegation in the
information in respect of the offence that-- (a) any race meeting mentioned in
the information was held at a place and on a date specified in the
information, or
(b) a warning off or disqualification by a
racing controlling body in respect of a person is in force,
is evidence of the
truth of the allegation concerned unless the contrary is proved.
(2) If an
advertisement referred to in Part 4 refers to a person as being the person--
(a) by whom or on whose behalf the advertisement is published, or
(b) who is
prepared to make or receive bets, or
(c) by whom or on whose behalf
information or advice has been or will be provided,
the person so referred to
is, in the absence of proof to the contrary, taken to have caused the
advertisement to be published.
(2A) If a written publication or communication
(including on the Internet) of NSW race field information refers to a person
as being the person by whom or on whose behalf the publication or
communication is made, the person so referred to is, in the absence of proof
to the contrary, taken to have published or communicated the information.
(3)
For the purposes of subsections (2) and (2A), a person is taken to be referred
to in such an advertisement or written publication or communication if the
person is mentioned or referred to-- (a) by name, or
(b) by any other name or
designation-- (i) that is used or assumed by the person, or
(ii) by which the
person is usually known, or
(iii) that is usually applied to the person's
business or business premises.
(4) If such an advertisement or written
publication or communication refers to a telephone number, post office box or
an address, the person renting the telephone or post office box, or the
occupier of the premises to which the address, is, in the absence of proof to
the contrary, taken to have caused the advertisement or written publication or
communication to be published.
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