Queensland Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 67

67 Evidentiary aids

(1) In proceedings to enforce a penalty for an offence against this Act—

(a) an averment in the complaint that a person named therein is part of the community that resides in a community government or IRC area, or IRC division area, shall be conclusive evidence thereof until the contrary is proved; and

(b) it shall not be necessary to prove the appointment or signature of the chief executive or the authority of the complainant to lay the complaint; and

(c) it shall not be necessary to prove the limits of a community government area.

(2) Subsection (3) applies to a proceeding for an offence against section 34 .

(3) A statement in the complaint for the offence that fluid was in a container of a type that usually holds alcohol is evidence that the fluid was alcohol.

(4) Subsection (5) applies to a proceeding for an offence against section 34 or 38 (2) (b) , (c) or (e) or (3) (b) , (c) , (e) or (f) .

(5) A certificate purporting to be signed by an analyst stating the results of an analysis of a fluid or other substance is, on its production, admissible as evidence of the results of the analysis.

(6) A provision of this section does not limit another provision of the section or of this Act about evidence.

(7) In this section—

"analyst" means a State analyst under the Medicines and Poisons Act 2019 .

"homemade alcohol" has the same meaning as in part 5 .