36Averment of prosecution

36 Averment of prosecution (1) In any prosecution for a contravention of or failure to comply with any provision of this Act or any order made in pursuance of or in force by virtue of this Act, the averment of the prosecutor made in writing and served on the defendant as provided by this section shall be prima facie evidence of the matter or matters averred. (2) Subsection (1) shall apply to any matter so averred although: (a) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or (b) the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only.

Price Exploitation Prevention Act 28 (3) Any evidence given by witnesses in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of such evidence shall neither be increased nor diminished by reason of this section. (4) This section shall not apply to an averment of the intent of the defendant. (5) No averment shall be made under this section unless the Director of Public Prosecutions is satisfied that the averment is reasonably necessary for the due administration of justice and will not impose hardship upon or occasion injustice to the defendant and certifies in writing accordingly on the paper containing the averment. (6) An averment shall not be evidence for the purposes of this section unless a copy of the paper containing the averment has been served on the defendant in the same manner as the process requiring this attendance before the court. (7) Service of a copy of the paper containing the averment may be proved in the same manner as service of the process requiring the defendant's attendance before the court may be proved. (8) Upon the hearing of any information or complaint in respect of a contravention or failure to comply with any provision of this Act or any order made in pursuance of or in force by virtue of this Act, the court may, if the amendments can be made without hardship or injustice to the defendant, allow such amendments to be made in the writing containing an averment as appear to it to be desirable or to be necessary to enable the real question in dispute to be determined. (9) If in any such case the court considers the defendant has been misled by the form of the averment, it may refuse to allow the amendments, adjourn the hearing of the case for such period as it thinks fit and may make such order as to the costs of the adjournment as it thinks proper.