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LIQUOR ACT 2007 - SECT 152
Evidentiary provisions
152 Evidentiary provisions
(1) In any proceedings for an offence under this Act or the regulations, any
one or more of the following allegations (however expressed) is evidence of
the truth of the allegation unless the contrary is proved-- (a) that a
specified person was or was not the holder of a licence or a specified kind of
licence at a specified time or during a specified period,
(b) that a
specified licence was or was not subject to a specified condition at a
specified time or during a specified period,
(c) that a specified
authorisation to which section 51 applies was or was not in force at a
specified time or during a specified period,
(d) that a specified licence was
or was not endorsed with a specified endorsement at a specified time or during
a specified period,
(e) that a specified person was or was not the secretary
or an office holder of a specified non-proprietary association at a specified
time or during a specified period,
(f) that a specified licence was or was
not held by a specified person on behalf of a specified
non-proprietary association at a specified time or during a specified period,
(g) that a specified body or association was or was not a specified
non-proprietary association at a specified time or during a specified period,
(h) that a specified licence was or was not suspended or cancelled at a
specified time or during a specified period,
(i) that specified premises were
or were not licensed premises at a specified time or during a specified
period,
(j) that a specified part of premises was or was not a bar area at a
specified time or during a specified period,
(k) that specified hours were or
were not the trading hours of specified licensed premises at a specified time
or during a specified period,
(l) that specified premises were subject to a
closure order under this Act at a specified time or during a specified period,
(m) that a minors area authorisation or minors functions authorisation was or
was not in force in respect of a specified part of any premises at a specified
time or during a specified period,
(n) that a specified person has or has not
been approved by the Authority as a person who may be appointed as the manager
of licensed premises,
(n1) that a specified person is or was, at a specified
time or during a specified period, a staff member of licensed premises
situated in a prescribed precinct,
(n2) that a specified person was, at a
specified time or during a specified period, the manager of a high risk venue
within the meaning of section 116AA (as in force before its repeal by the
Liquor Amendment (Reviews) Act 2017 ) or 116B,
(o) that a specified person is
or was, at a specified time or during a specified period, the Secretary,
(p)
that a specified person is or was, at a specified time or during a specified
period, a delegate of the Minister, the Commissioner of Police, the Authority
or the Secretary to whom a specified function has been delegated under this
Act or the Gaming and Liquor Administration Act 2007 ,
(q) that a specified
person is or was, at a specified time or during a specified period, an
inspector,
(q1) that a specified person is or was, at a specified time or
during a specified period, an authorised person for the purposes of
section 77,
(r) that a liquid or other substance is liquor.
(2) In any
proceedings for an offence under this Act or the regulations, an allegation
that, at a specified time, a person was under the age of 18 years is evidence
of the truth of the allegation unless the defendant denies the allegation in
the manner prescribed by the regulations.
(3) In any proceedings for an
offence under this Act or the regulations, evidence of delivery or supply of
liquor is evidence of a sale of the liquor.
(4) In any proceedings for an
offence under section 9(2), liquor is taken to have been sold or consumed on
the licensed premises to which the proceedings relate regardless of whether
the licensee took or carried, or caused another person to take or carry, the
liquor out of the licensed premises for the purpose of being sold or consumed
at another place occupied by the licensee or in a public place.
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