South Australian Current Acts

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FIREARMS ACT 2015 - SECT 74

74—Evidentiary provisions

        (1)         In proceedings for an offence under this Act or other legal proceedings, an apparently genuine document purporting to be signed by the Registrar and to certify that, at a specified time—

            (a)         a firearms prohibition order applied to, or was in force against, a person; or

            (b)         a person was, or was not, the holder of a licence; or

            (c)         a licence was for a specified category or conferred specified authority or was subject to specified limitations or conditions; or

            (d)         a licence was suspended or cancelled; or

            (e)         a person was disqualified from holding or obtaining a licence or permit; or

            (f)         a person was, or was not, the holder of a specified permit; or

            (g)         a permit was suspended or cancelled; or

            (h)         a permit was subject to specified conditions; or

                  (i)         a firearm was, or was not, registered; or

            (j)         a person was, or was not, the registered owner of a firearm; or

            (k)         a public safety notice applied to premises; or

            (l)         a person was, or was not, approved as a company's principal or secondary nominee; or

            (m)         a person or body was, or was not, a collectors' club, shooting club, paint-ball operator or commercial range operator; or

            (n)         a firearms club, paint-ball operator or commercial range operator was, or was not, a recognised firearms club, recognised paint-ball operator or recognised commercial range operator; or

            (o)         the grounds of a recognised firearms club or recognised paint-ball operator were, or were not, approved under this Act; or

            (p)         the range of a recognised commercial range operator was, or was not, approved under this Act; or

            (q)         a person was, or was not, approved or authorised for a purpose under this Act; or

            (r)         an approval or authorisation under this Act was subject to specified conditions; or

            (s)         a person was, or was not, the holder of a specified exemption under this Act; or

            (t)         an exemption under this Act was subject to specified conditions; or

            (u)         information (including records or agreements) required to be kept, retained or provided to the Registrar under this Act had not been kept, retained or provided as required,

is to be accepted, in the absence of proof to the contrary, as proof of the matter so certified.

        (2)         In proceedings for an offence under this Act or other legal proceedings, an apparently genuine document purporting to be signed by the relevant authority under corresponding legislation of another State or Territory of the Commonwealth and to certify that, at a specified time—

            (a)         a specified order (similar to a firearms prohibition order) was in force against a person under that legislation; or

            (b)         a person was, or was not, the holder of a licence, permit, approval or other authorisation under that legislation; or

            (c)         that a firearm was, or was not, registered under that legislation,

is to be accepted, in the absence of proof to the contrary, as proof of the matter so certified.



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