New South Wales Consolidated Acts

BETTING AND RACING ACT 1998 - SECT 36

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.