Queensland Consolidated Acts

BRANDS ACT 1915 - SECT 25

25 Evidentiary provisions

(1) In any proceeding—

(a) proof that a brand or earmark is registered in the name of a person shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that that person is the owner of that brand or, as the case may be, earmark;

(b) a certificate, purporting to be signed by the registrar, that at a specified time or during a specified period a brand or earmark described therein is or was registered in the name of a person named therein shall upon its production in that proceeding be conclusive evidence that that brand or, as the case may be, earmark is or was at that time or during that period registered in the name of that person;

(c) a document purporting to be signed by the registrar and purporting to be a copy of a certificate of registration of, or of a notification of transfer or cancellation of, a brand or earmark shall be conclusive evidence of the fact and the date of such registration, transfer or, as the case may be, cancellation;

(d) the existence on any head of stock of a registered brand (other than a special brand allotted under section 9A , 14 or 14B and a distinctive brand) or a registered earmark shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the animal concerned is the property of the registered owner of such brand or earmark and, where there are more than 1 such brand on such animal, of the registered owner of the brand which appears to be the last imprinted in accordance with the provisions of this Act:
For the purposes of this paragraph, the existence of a registered earmark on a sheep shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the sheep is the property of the registered owner of the earmark but the existence of a registered earmark on a head of cattle shall not be such evidence unless that earmark exists thereon in conjunction with a registered horse and cattle brand with which such earmark is at the material time registered;

(e) the fact that any stock bearing any brand or earmark (whether registered or not) has been claimed or dealt with by any person as the person’s property shall be prima facie evidence that such person imprinted or made such brand or earmark;

(f) a spay mark upon any cow or heifer shall be prima facie evidence that such cow or heifer has been spayed;

(g) a mark or cut wholly within the off ear of any head of cattle, being a mark or cut of a shape and size approved by the Minister for a particular purpose, shall be prima facie evidence that such purpose has been carried out.

(2) No provision of this section shall be construed to prejudice the operation of or to derogate from any provision of the Criminal Code.