Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 119

In any legal proceedings under this Act—

S. 119(a) amended by Nos 42/1993 s. 52(a)–(c), 23/1994 s. 118(Sch. 1 item 17.14), 74/2000 s. 3(Sch. 1 item 38.3
(a)(b)), 68/2009 s. 97(Sch. item 47.3), substituted by No. 75/2014 s. 22(a).

        (a)     the production of a copy of the Government Gazette containing the register as last published in relation to the time in question of veterinary practitioners is, if the name of the accused does not appear in the register, prima facie evidence that the person is not a veterinary practitioner;

S. 119(b) amended by No. 23/1994 s. 118(Sch. 1 item 17.15 (a)(b)), substituted by No. 75/2014 s. 22(b).

        (b)     a certificate referred to in section 244 of the Health Practitioner Regulation National Law is, if it states any person is or is not or was or was not on a certain date or for a certain period a registered medical practitioner, registered Chinese medicine practitioner, registered Chinese herbal dispenser, dentist, pharmacist, registered podiatrist, registered optometrist, nurse practitioner, registered nurse or registered midwife, prima facie evidence of the facts stated in the certificate;

S. 119(c)(d) repealed by No. 75/2014 s. 22(c).

    *     *     *     *     *

S. 119(e) amended by No. 74/2000 s. 3(Sch. 1 item 38.4
(a)(b)).

        (e)     a certificate that any person is or is not or was or was not on a certain date or for a certain period a veterinary practitioner shall if purporting to be signed by the registrar of the Veterinary Practitioners Registration Board of Victoria be prima facie evidence of the facts therein stated;

S. 119(ea) inserted by No. 54/1997 s. 6(c), amended by Nos 56/2003 s. 11(Sch. item 7.2), 13/2014 s. 6, 22/2022 s. 87.

        (ea)     a certificate that any person is or is not or was or was not on a certain date or for a certain period a holder of an authority under Part IVA or a holder of a licence under Part IVB, if purporting to be signed by the Secretary of the Department of Jobs, Precincts and Regions, shall be prima facie evidence of the facts therein stated;

S. 119(eb) inserted by No. 66/2017 s. 9, amended by No. 7/2023 s. 35(3).

        (eb)     a certificate signed by the Secretary that a facility specified in a certificate was or was not the licensed medically supervised injecting centre at a specified date or that a person specified in the certificate was or was not operating the licensed medically supervised injecting centre on a specified date is prima facie evidence of the facts stated in the certificate;

S. 119(f) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 50/2017 s. 15(1).

        (f)     a certificate that any person is or is not or was or was not on a certain date or for a certain period a person who holds a licence permit warrant or authority under this Act shall if purporting to be signed by the Secretary be prima facie evidence of the facts therein stated;

S. 119(g) inserted by No. 50/2017 s. 15(2).

        (g)     a certificate signed by the Secretary that a document is an extract from the monitored poisons database is prima facie evidence of the facts stated in that extract.