118Evidence as to certain matters

### 118 Evidence as to certain matters > *\[Section 118 Subsection (1) amended by No. 29 of 1995, s. 94 \]* > > > (1)  *\[Section 118 Subsection (1) amended by No. 3 of 1990, s. 19 \]*In proceedings for an offence alleged to have been committed under this Act or for the recovery of any amount alleged to be due under this Act, an averment in a complaint that – > > > > > > (a) any land or premises is, or was at any time, situated in or outside an operational district; > > > > > > > (b) any person is, or was at any time, the owner or occupier of any land or premises; > > > > > > > (c) any person is, or was at any time, the agent of the owner or occupier of any land or premises; or > > > > > > > (d) any person is, or was at any time, the owner or person in charge of any property – > > > > is, until the contrary is established, *prima facie* evidence of those matters. > > > (2)  *\[Section 118 Subsection (2) amended by No. 29 of 1995, s. 94 \]*Where, in any proceedings for an offence alleged to have been committed under this Act, it is necessary to prove that any report or recommendation was made to the Commission, evidence that that report or recommendation was so made may be given in those proceedings by the production of a document that – > > > > > > (a) purports to be a copy of that report or recommendation; and > > > > > > > (b) includes a certificate purporting to be signed by the Chief Officer – > > > > > > > > > > (i) stating that the document is a true copy of that report or recommendation; and > > > > > > > > > > > (ii) specifying the date on which that report or recommendation was made to the Commission. > > > (3)  *\[Section 118 Subsection (3) substituted by No. 29 of 1995, s. 94 \]*In any proceedings – > > > > > > (a) a certificate purporting to be signed by the Chief Officer certifying that a day specified in the certificate was a day of total fire ban under [section 70](#GS70@EN) is evidence of the matter certified; and > > > > > > > (b) a certificate purporting to be signed by the Chief Officer certifying that a period specified in the certificate was a fire permit period under [section 61](#GS61@EN) is evidence of the matter certified.