CTHRepealedLegislation
Electoral and Referendum Regulations 1940
83Evidence in Court of summary jurisdiction
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#### 83 Evidence in Court of summary jurisdiction
(1) If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of subsection 245 (15) or (15C) of the Act or subsection 45 (14) or (14C) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.
(2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.
(3) For the purposes of this regulation, any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.