136Sufficient evidence of certain matters

136 Sufficient evidence of certain matters (1) For the purposes of this Act— (a) proof of the delivery of liquor is evidence of the supply of liquor and of money or other consideration having been given for the liquor; (b) proof that a transaction in the nature of a sale or other supply of liquor took place is evidence of the sale or other supply of liquor; (c) proof that consumption of liquor was about to take place is evidence of the consumption of liquor; (d) proof that liquor was consumed or intended to be consumed by a person on licensed premises contrary to the provisions of the licence or BYO permit or this Act is evidence that the licensee or permittee supplied liquor to that person. S. 136(2) amended by No. 68/2009 s. 97(Sch. item 78.2). (2) In any proceeding against a person under this Act, an allegation in a charge-sheet or an oral allegation by the informant or a licensing inspector that— (a) a person is a licensee or permittee in relation to any licensed premises; or (b) a person is not a licensee or permittee; or (c) a person is a person to whom a licence or permit has been transferred; or (d) a person is, or is not, a licensee or permittee; or S. 136(2)(e) amended by Nos 57/2010 s. 20, 58/2011 s. 104(Sch. item 4.196). (e) a person is a commissioner or a licensing inspector— is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matter alleged. (3) Each of the following certificates is admissible in evidence in any proceeding against a person under this Act and, in the absence of evidence to the contrary, is proof of the matters stated in it— S. 136(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.197). (a) a certificate purporting to be under the hand of a commissioner stating that on a day specified in the certificate a person named in the certificate was a delegate of the commissioner to whom the powers of the commissioner specified in the certificate were delegated on terms, if any, so specified; S. 136(3)(b) amended by No. 58/2011 s. 104(Sch. item 4.198). (b) a certificate purporting to be under the hand of a commissioner stating that on a day specified in the certificate the Commissioner of State Revenue had an authority referred to in section 129(6) or 133(6). S. 136(3)(c) repealed by No. 58/2011 s. 104(Sch. item 4.199).