40Evidentiary

40 Evidentiary (1) In respect of a charge against a person of having committed an offence against this Act: (a) it is not necessary to particularise the dangerous drug or precursor in respect of which the offence is alleged to have been committed; and (b) that person is liable to be found guilty as charged notwithstanding that the identity of the dangerous drug or precursor to which the charge relates is not proved to the satisfaction of the court that hears the charge if the court is satisfied that the thing to which the charge relates was at the material time a dangerous drug or precursor; and (c) proof that a dangerous drug or precursor was at the material time in or on a place of which the person was: (i) the occupier; or (ii) concerned in the management or control;

Misuse of Drugs Act 1990 78 is taken to be proof that the drug or precursor was then in the person's possession unless the person proves that the person then neither knew nor had reason to suspect that the drug or precursor was in or on that place. (2) In proceedings for an offence against this Act, a certificate purporting to be signed by the Commissioner of Police and stating any of the following matters is prima facie evidence of the matter: (a) on a specified day, a police officer was a senior police officer; (b) on a specified day, an area was an authorised drug detection area. (3) In a prosecution for an offence against section 5D(1), a statement in the complaint or indictment that the place at which the alleged supply occurred, or was to occur, was at the relevant time an indigenous community, is evidence of the matters stated.