Western Australian Current Acts

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PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994 - SECT 97

97 .         Evidentiary provisions

                In all courts and before all persons and bodies authorised to receive evidence —

            (a)         goods are to be treated as being in the possession of a pawnbroker or second-hand dealer if the goods are in any place that is occupied by, or under the control of, the pawnbroker or dealer;

            (b)         in the absence of evidence to the contrary —

                  (i)         a certificate purporting to be issued by the Commissioner or the Commissioner’s delegate and stating that a licence is or is not held by or on behalf of any person, the conditions or restrictions to which a licence is subject, or the premises to which a licence applies, on any day or days or during any period mentioned in the certificate, is evidence of the matters so stated; and

                  (ii)         proof is not required of any delegation under this Act or of the appointment, or terms of appointment, of any licensing officer under this Act;

                and

            (c)         judicial notice is to be taken, for the purposes of this Act, of the fact that a person is the Commissioner and of the signature of the Commissioner or the Commissioner’s delegate on a certificate purporting to be issued under paragraph (b).



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