NSWIn ForceRegulation
Casino Control Regulation 2019
152Evidentiary provisions
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#### 152 Evidentiary provisions
152 Evidentiary provisions
> > (1) In any proceedings for an offence under this Act, any one or more of the following allegations (however expressed) is evidence of the truth of the allegation unless the contrary is proved—
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> > > (a) that a specified person was or was not the holder of a licence at a specified time or during a specified period,
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> > > (b) that a specified licence was or was not subject to a specified condition at a specified time or during a specified period,
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> > > (c) \[not applied\]
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> > > (d) that a specified licence was or was not endorsed with a specified endorsement at a specified time or during a specified period,
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> > > (e)–(g) \[not applied\]
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> > > (h) that a specified licence was or was not suspended or cancelled at a specified time or during a specified period,
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> > > (i) that specified premises were or were not licensed premises at a specified time or during a specified period,
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> > > (j) that a specified part of premises was or was not a bar area at a specified time or during a specified period,
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> > > (k) that specified hours were or were not the trading hours of specified licensed premises at a specified time or during a specified period,
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> > > (l) that specified premises were subject to a closure order under this Act at a specified time or during a specified period,
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> > > (m) that a minors area authorisation under section 121 was or was not in force at a specified time or during a specified period,
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> > > (n) that a specified person has or has not been approved by the NICC as a person who may be appointed as the manager of licensed premises,
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> > > (n1), (n2) \[not applied\]
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> > > (o) that a specified person is or was, at a specified time or during a specified period, the Secretary,
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> > > (p) that a specified person is or was, at a specified time or during a specified period, a delegate of the Commissioner of Police, the NICC, the Authority or the Secretary, to whom a specified function has been delegated under this Act or the [Gaming and Liquor Administration Act 2007](/view/html/inforce/current/act-2007-091),
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> > > (q) that a specified person is or was, at a specified time or during a specified period, an inspector,
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> > > (q1) \[not applied\]
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> > > (r) that a liquid or other substance is liquor.
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> > (2) In any proceedings for an offence under this Act, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in accordance with subsection (3).
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> > (3) An allegation referred to in subsection (2) may be denied—
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> > > (a) at any adjournment before the commencement of the hearing of the information—by informing the court, the informant or a person appearing for the informant in writing of the denial, or
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> > > (b) at any time not later than 14 days before the commencement of the hearing of the information—by informing the informant or a person appearing for the informant in writing of the denial.
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> > (4) In any proceedings for an offence under this Act, evidence of delivery or supply of liquor is evidence of a sale of the liquor.
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> > (5) In any proceedings for an offence under section 9(2), liquor is taken to have been sold or consumed on the licensed premises to which the proceedings relate regardless of whether the licensee took or carried, or caused another person to take or carry, the liquor out of the licensed premises for the purpose of being sold or consumed at another place occupied by the licensee or in a public place.