21Evidence

21 Evidence

Where in proceedings for an offence against a provision of this Act it is established: (a) that a direction under this Act has been served on the owner of a ship by serving it on a person or body corporate as the agent of the ship; and (b) that the person or body corporate had, at any time before the direction was so served, acted as an agent of the ship; the person or body corporate shall be deemed, unless the contrary is proved, to have been an agent of the ship at the time when the direction was served.

Note: The defendant bears a legal burden in relation to the matter in this section (see section 13.4 of the Criminal Code).