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Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984
sec.67Evidentiary aids
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### sec.67 Evidentiary aids
In proceedings to enforce a penalty for an offence against this Act—
an averment in the complaint that a person named therein is part of the community that resides in a community government or IRC area, or IRC division area, shall be conclusive evidence thereof until the contrary is proved; and
it shall not be necessary to prove the appointment or signature of the chief executive or the authority of the complainant to lay the complaint; and
it shall not be necessary to prove the limits of a community government area.
Subsection (3) applies to a proceeding for an offence against section 34 .
A statement in the complaint for the offence that fluid was in a container of a type that usually holds alcohol is evidence that the fluid was alcohol.
Subsection (5) applies to a proceeding for an offence against section 34 or 38 (2) (b) , (c) or (e) or (3) (b) , (c) , (e) or (f) .
A certificate purporting to be signed by an analyst stating the results of an analysis of a fluid or other substance is, on its production, admissible as evidence of the results of the analysis.
A provision of this section does not limit another provision of the section or of this Act about evidence.
In this section—
analyst means a State analyst under the Medicines and Poisons Act 2019 .
homemade alcohol has the same meaning as in part 5 .
s 67 prev s 67 ins 1990 No. 104 s 13
om 2004 No. 37 s 86 sch 1
pres s 67 amd 1990 No. 80 s 3 sch 3 pt A; 1999 No. 53 s 35 sch ; 2002 No. 46 s 13 ; 2004 No. 38 s 12 ; 2004 No. 37 s 86 sch 1 ; 2005 No. 48 s 492 sch 1 ; 2007 No. 59 s 44 ; 2008 No. 30 s 11 ; 2018 No. 27 s 92 ; 2019 No. 26 s 290 sch 2
(sec.67-ssec.1) In proceedings to enforce a penalty for an offence against this Act— an averment in the complaint that a person named therein is part of the community that resides in a community government or IRC area, or IRC division area, shall be conclusive evidence thereof until the contrary is proved; and it shall not be necessary to prove the appointment or signature of the chief executive or the authority of the complainant to lay the complaint; and it shall not be necessary to prove the limits of a community government area.
(sec.67-ssec.2) Subsection (3) applies to a proceeding for an offence against section 34 .
(sec.67-ssec.3) A statement in the complaint for the offence that fluid was in a container of a type that usually holds alcohol is evidence that the fluid was alcohol.
(sec.67-ssec.4) Subsection (5) applies to a proceeding for an offence against section 34 or 38 (2) (b) , (c) or (e) or (3) (b) , (c) , (e) or (f) .
(sec.67-ssec.5) A certificate purporting to be signed by an analyst stating the results of an analysis of a fluid or other substance is, on its production, admissible as evidence of the results of the analysis.
(sec.67-ssec.6) A provision of this section does not limit another provision of the section or of this Act about evidence.
(sec.67-ssec.7) In this section— analyst means a State analyst under the Medicines and Poisons Act 2019 . homemade alcohol has the same meaning as in part 5 .
- (a) an averment in the complaint that a person named therein is part of the community that resides in a community government or IRC area, or IRC division area, shall be conclusive evidence thereof until the contrary is proved; and
- (b) it shall not be necessary to prove the appointment or signature of the chief executive or the authority of the complainant to lay the complaint; and
- (c) it shall not be necessary to prove the limits of a community government area.