sec.233Evidentiary provisions

### sec.233 Evidentiary provisions In a proceeding under this Act, a signature purporting to be the signature of the commissioner is evidence of the signature it purports to be. Also, in a proceeding under this Act— a copy of, or extract from, an entry in the register, bearing a certificate purporting to be that of the commissioner stating that it is a true copy of, or extract from, the register is admissible as evidence of the entry in the register; and a copy of— a licence or permit; or an endorsement on a licence; bearing a certificate purporting to be that of the commissioner stating that it is a true copy of the licence or permit or the endorsement is admissible as evidence of the original licence or original endorsement; and a copy of a certificate signed by a doctor or authorised police officer under the Transport Operations (Road Use Management) Act 1995 , section 80 (15) as applied in relation to a person suspected of committing a relevant assault offence under the Police Powers and Responsibilities Act 2000 , chapter 18A , is admissible as evidence of the concentration of alcohol present in the blood or breath of the person the subject of the certificate; and an averment or allegation in a complaint of an offence against this Act that— a person specified has not, or had not at a material time, attained 18 years; or a machine, apparatus or device is capable of being used for betting or gaming; or a specified art union or lottery was not authorised by law at a material time; or the offence was committed on Good Friday; is sufficient proof of the truth of the averment or allegation until the contrary is proved; and if a statement of the results of the analysis of a fluid includes a certificate purporting to be the certificate of a State analyst under the Medicines and Poisons Act 2019 stating that the statement is a true statement of the results of the analysis—the statement that the fluid is liquor is evidence of the results of the analysis; and if in a statement in a complaint for an offence against this Act it is claimed that the offence happened on licensed premises and a fluid was liquor—the statement is evidence that the fluid was liquor; and if in a statement in a complaint for an offence against this Act it is claimed that the offence happened off licensed premises and a fluid was packed in a container of a type that usually holds liquor—the statement is evidence that the fluid was liquor. In addition, in a proceeding under this Act, a certificate signed by the commissioner stating any of the following matters is evidence of the matter— on a stated date, a stated person was or was not the holder of a licence or permit; on a stated date, a stated place was or was not, in a restricted area; the conditions of a restricted area permit; a notice complying with section 173J (2) was, at a stated time, erected or displayed at a place mentioned in section 173J (1) (c) . s 233 amd 1994 No. 59 s 78 ; 2001 No. 39 s 3 sch ; 2001 No. 78 s 237 sch 4 ; 2002 No. 47 s 83 ; 2005 No. 61 s 35 ; 2012 No. 25 s 144 (1) ; 2016 No. 4 s 61 ; 2016 No. 62 s 493 s ch 1 pt 1 ; 2019 No. 26 s 290 sch 2 (sec.233-ssec.1) In a proceeding under this Act, a signature purporting to be the signature of the commissioner is evidence of the signature it purports to be. (sec.233-ssec.2) Also, in a proceeding under this Act— a copy of, or extract from, an entry in the register, bearing a certificate purporting to be that of the commissioner stating that it is a true copy of, or extract from, the register is admissible as evidence of the entry in the register; and a copy of— a licence or permit; or an endorsement on a licence; bearing a certificate purporting to be that of the commissioner stating that it is a true copy of the licence or permit or the endorsement is admissible as evidence of the original licence or original endorsement; and a copy of a certificate signed by a doctor or authorised police officer under the Transport Operations (Road Use Management) Act 1995 , section 80 (15) as applied in relation to a person suspected of committing a relevant assault offence under the Police Powers and Responsibilities Act 2000 , chapter 18A , is admissible as evidence of the concentration of alcohol present in the blood or breath of the person the subject of the certificate; and an averment or allegation in a complaint of an offence against this Act that— a person specified has not, or had not at a material time, attained 18 years; or a machine, apparatus or device is capable of being used for betting or gaming; or a specified art union or lottery was not authorised by law at a material time; or the offence was committed on Good Friday; is sufficient proof of the truth of the averment or allegation until the contrary is proved; and if a statement of the results of the analysis of a fluid includes a certificate purporting to be the certificate of a State analyst under the Medicines and Poisons Act 2019 stating that the statement is a true statement of the results of the analysis—the statement that the fluid is liquor is evidence of the results of the analysis; and if in a statement in a complaint for an offence against this Act it is claimed that the offence happened on licensed premises and a fluid was liquor—the statement is evidence that the fluid was liquor; and if in a statement in a complaint for an offence against this Act it is claimed that the offence happened off licensed premises and a fluid was packed in a container of a type that usually holds liquor—the statement is evidence that the fluid was liquor. (sec.233-ssec.3) In addition, in a proceeding under this Act, a certificate signed by the commissioner stating any of the following matters is evidence of the matter— on a stated date, a stated person was or was not the holder of a licence or permit; on a stated date, a stated place was or was not, in a restricted area; the conditions of a restricted area permit; a notice complying with section 173J (2) was, at a stated time, erected or displayed at a place mentioned in section 173J (1) (c) . - (a) a copy of, or extract from, an entry in the register, bearing a certificate purporting to be that of the commissioner stating that it is a true copy of, or extract from, the register is admissible as evidence of the entry in the register; and - (b) a copy of— (i) a licence or permit; or (ii) an endorsement on a licence; bearing a certificate purporting to be that of the commissioner stating that it is a true copy of the licence or permit or the endorsement is admissible as evidence of the original licence or original endorsement; and - (i) a licence or permit; or - (ii) an endorsement on a licence; - (ba) a copy of a certificate signed by a doctor or authorised police officer under the Transport Operations (Road Use Management) Act 1995 , section 80 (15) as applied in relation to a person suspected of committing a relevant assault offence under the Police Powers and Responsibilities Act 2000 , chapter 18A , is admissible as evidence of the concentration of alcohol present in the blood or breath of the person the subject of the certificate; and - (c) an averment or allegation in a complaint of an offence against this Act that— (i) a person specified has not, or had not at a material time, attained 18 years; or (ii) a machine, apparatus or device is capable of being used for betting or gaming; or (iii) a specified art union or lottery was not authorised by law at a material time; or (iv) the offence was committed on Good Friday; is sufficient proof of the truth of the averment or allegation until the contrary is proved; and - (i) a person specified has not, or had not at a material time, attained 18 years; or - (ii) a machine, apparatus or device is capable of being used for betting or gaming; or - (iii) a specified art union or lottery was not authorised by law at a material time; or - (iv) the offence was committed on Good Friday; - (d) if a statement of the results of the analysis of a fluid includes a certificate purporting to be the certificate of a State analyst under the Medicines and Poisons Act 2019 stating that the statement is a true statement of the results of the analysis—the statement that the fluid is liquor is evidence of the results of the analysis; and - (e) if in a statement in a complaint for an offence against this Act it is claimed that the offence happened on licensed premises and a fluid was liquor—the statement is evidence that the fluid was liquor; and - (f) if in a statement in a complaint for an offence against this Act it is claimed that the offence happened off licensed premises and a fluid was packed in a container of a type that usually holds liquor—the statement is evidence that the fluid was liquor. - (i) a licence or permit; or - (ii) an endorsement on a licence; - (i) a person specified has not, or had not at a material time, attained 18 years; or - (ii) a machine, apparatus or device is capable of being used for betting or gaming; or - (iii) a specified art union or lottery was not authorised by law at a material time; or - (iv) the offence was committed on Good Friday; - (a) on a stated date, a stated person was or was not the holder of a licence or permit; - (b) on a stated date, a stated place was or was not, in a restricted area; - (c) the conditions of a restricted area permit; - (d) a notice complying with section 173J (2) was, at a stated time, erected or displayed at a place mentioned in section 173J (1) (c) .