Western Australian Current Acts Western Australian Current Acts (1) In a prosecution
or legal proceeding under the provisions of this Act no proof is required,
until evidence is given to the contrary, of —
[(a) deleted]
(b) an
authority of the Minister or of a local government to prosecute;
(c) the
particular or general designation or appointment of a person employed in the
Department or of an officer of a local government to take proceedings against
any person;
(d) the
powers of the officer to prosecute.
(2) The production of
—
(a) a
copy of the Gazette containing a rule, local law, regulation, declaration,
order or notice purporting to have been made or given under the provisions of
this Act; or
(b) a
copy purporting to be a true copy of such a rule, local law, regulation,
declaration, order or notice certified as such by the FES Commissioner; or
(ca) a
copy purporting to be a true copy of bush fire risk treatment standards
published under section 35AA(5) certified as such by the FES Commissioner; or
(c) a
copy purporting to be a true copy of the certificate of appointment or
designation of a bush fire control officer certified as such under the hand of
the chief executive officer of a local government or the FES Commissioner; or
(d) a
copy purporting to be a true copy of the certificate of registration of a bush
fire brigade certified as such under the hand of the chief executive officer
of a local government,
is evidence until the
contrary is proved of the due making, existence, confirmation, approval and
giving of the rule, local law, regulation, declaration, order, notice or
standard, or of the due appointment or designation of the bush fire control
officer, or of the due registration of the bush fire brigade, as the case may
be, and of all preliminary steps necessary to give full force and effect to
the same.
(3) The production of
a certificate purporting to have been issued by the Bureau of Meteorology in
Perth and signed by the Deputy Director or other officer of that Bureau as to
the fire danger rating issued by the Bureau in respect of any day, or any
period of a day, is evidence until the contrary is proved of the fire danger
rating so issued in respect of that day or that period.
(4) The averment in a
claim, prosecution notice or other document in a prosecution or legal
proceedings instituted for the purposes of this Act —
(a) that
a stated time was during the prohibited burning times or during the restricted
burning times; or
(ba)
that a total fire ban declared under section 22A(1) had effect during a stated
period and in respect of a stated area of the State; or
(b) that
land is within a particular district or zone of the State,
is to be presumed as
proved in the absence of proof to the contrary.
[Section 65 amended: No. 35 of 1957 s. 11; No. 11
of 1963 s. 27; No. 65 of 1977 s. 44; No. 60 of 1992 s. 15; No. 14 of 1996
s. 4; No. 10 of 1998 s. 20(3); No. 42 of 1998 s. 14 and 16; No. 84 of 2004 s.
80; No. 25 of 2009 s. 19; No. 22 of 2012 s. 68; No. 27 of 2016 s. 6.]