49Evidence

49 Evidence

(1) Proof is not required in the absence of evidence to the contrary—

(a) that the person bringing a proceeding for an offence under this Act or the by-laws is authorised to bring it;

S. 49(1)(b)–(d) repealed by No. 59/2003 s. 111(1)(a).

(e) of the fact that a particular property is located within the docklands area;

S. 49(1)(f) repealed by No. 59/2003 s. 111(1)(a).

S. 49(1)(g) amended by Nos 59/2003 s. 111(1)(b), 10/2017 s. 33(11).

(g) of the fixing of a charge by Development Victoria under this Act;

S. 49(1)(h) repealed by No. 59/2003 s. 111(1)(a).

S. 49(2) amended by Nos 59/2003 s. 111(2), 10/2017 s. 33(11).

(2) A document appearing to be part of a by-law, resolution, order or notice made or issued by Development Victoria under this Act and appearing to be authenticated by Development Victoria is admissible in evidence in any proceedings and, in the absence of evidence to the contrary is proof that a by-law, resolution, order or notice in those terms was duly made or issued by Development Victoria.

S. 49(3) amended by No. 10/2017 s. 33(11).

(3) A document appearing to be issued by Development Victoria or appearing to be signed by the chairperson or chief executive of Development Victoria and—

S. 49(3)(a) amended by No. 59/2003 s. 111(3).

(a) stating the amount, liability to pay, extent of payment or other particulars relating to a charge under this Act; or

(b) stating that a person's name appears in any records kept by a public statutory body as the owner or occupier of land; or

(c) stating that a person's name appears in any records kept under the Transfer of Land Act 1958 as the proprietor of an estate in fee simple or a leasehold estate in land; or

(d) stating that a person's name appears in any records kept in the office of the Registrar-General as the owner of land—

is, in the absence of evidence to the contrary, proof of the matters stated in the document.

S. 49(4) repealed by No. 59/2003 s. 111(4).

S. 50 amended by No. 86/1998 s. 12, repealed by No. 59/2003 s. 112.

S. 51 amended by No. 59/2003 s. 113.