41Evidence in prosecutions under this Act

#### 41 Evidence in prosecutions under this Act 41 Evidence in prosecutions under this Act > In any prosecution for a contravention of or failure to comply with any provision of this Act or any regulation, whenever it is necessary or proper to prove in respect of any particular article or substance that it conforms to any of the following descriptions, namely— > > > (a) that it is a poison or poisonous, > > > (b) that it consists of or contains poison, > > > (c) that it is a restricted substance, or > > > (c1) that it is a Schedule 9 substance, or > > > (d) that it is a drug of addiction, or > > > (d1) that is therapeutic goods, > > then in every such case— > > > (e) evidence that any substance commonly supplied under the same name or description as the said particular article or substance conforms to any of the descriptions contained in paragraph (a), (b), (c), (c1), (d) or (d1) is prima facie evidence that the particular article or substance also conforms to the same description accordingly, > > > (f) evidence that any particular article or substance bears any inscription required by the regulations in respect of any substance or class of substances shall be prima facie evidence that that particular article or substance is a substance, or belongs to the class of substances, in respect of which that inscription is so required, and > > > (g) evidence that the container in which any particular article or substance is contained is labelled as required, or bears any inscription required, by the regulations in respect of containers containing any substance or class of substances shall be prima facie evidence that that particular article or substance is a substance, or belongs to a class of substances, the containers of which are so required to be labelled or to bear that inscription. > > **s 41:** Am 1977 No 5, Sch 2; 1981 No 88, Sch 2 (20); 1996 No 2, Sch 1 \[31\] \[32\]; 2013 No 70, Sch 2 \[6\] \[7\].