50PCertificate evidence

50P Certificate evidence

50P Certificate evidence

(1) For a product seized under this part, the Secretary must obtain a certificate, in the form approved by the Secretary, setting out the following—

(a) the identity of the seized product,

(b) the quantity of the seized product,

(c) other matters prescribed by the regulations.

(2) In legal proceedings under this Act, the certificate is prima facie evidence of the matters stated in the certificate.

(3) The certificate may be given by the following—

(a) an inspector,

(b) a person, or a member of a class of persons, prescribed by the regulations.

(4) In this section—

identity, of a seized product, includes the following—

(a) whether the product is—

(i) a tobacco product other than illicit tobacco, or

(ii) a non-tobacco smoking product, or

(iii) illicit tobacco, or

(iv) an illicit vaping good,

(b) the brand name of the product,

(c) other matters the person making the certificate considers identify the product.

s 50P: Ins 2025 No 51, Sch 1[20].