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Evidence Act 1939
62Proof of public place in certain cases
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62 Proof of public place in certain cases
(1) Whenever in any proceeding in the Local Court, in respect of any
offence, it is an essential ingredient of the offence that the place
(where any fact or matter occurred or was done) should be a public
place, an allegation, in the complaint or information, that the place
(specified as that in which the fact or matter charged occurred or
was done) was a public place, shall be prima facie evidence that
the place was a public place.
Division 1 Transitional matters for Evidence Legislation (Authorised Persons)
Amendment Act 2009
Evidence Act 1939 46
(2) The court may, if it thinks fit, and at any stage of the proceeding,
permit evidence to be called with respect to the question whether
the place was a public place.