NSWIn ForceAct
Rice Marketing Act 1983
158Evidentiary provisions
Start here
Get a plain-English read of 158
Turn the raw legal text into a practical explanation grounded in Rice Marketing Act 1983.
#### 158 Evidentiary provisions
158 Evidentiary provisions
> > (1) In any proceedings—
> >
> > > (a) any notification, requisition, direction, demand, order or other document in writing, purporting to be signed or made or sent by a board or committee, the Chairman or secretary of a board or committee or the Minister shall be judicially noticed,
> >
> > > (b) the production of a copy of the Gazette purporting to contain any proclamation, notification, direction or order under this Act shall be conclusive evidence of the matters contained therein, and that all steps necessary to be taken prior to the making of the proclamation, notification, direction or order have been duly taken,
> >
> > > (c) the averment on behalf of a board or committee that anything was or is a commodity or product to which the provisions of this Act are applicable, or was or is a commodity or product mentioned or included in any instrument or document, or that any place is a place in New South Wales, or that any person was or is a producer of a commodity or product, or was or is an authorised agent or authorised buyer, shall be prima facie evidence of that fact,
> >
> > > (d) any document or anything purporting to be a copy or extract from any document containing any reference to any matter or thing alleged to be done in contravention of this Act or the regulations shall, upon proof that it was produced by or came from the custody of a person who is a defendant or respondent or is charged with an offence, or a responsible officer or a representative of that person, be admissible in evidence against that person and be evidence—
> > >
> > > > (i) of the matters and things thereby appearing,
> > >
> > > > (ii) that the document (or, in the case of a copy, that the original thereof) was written, signed, despatched or received by the persons by whom it purports to have been written, signed, despatched and received, and
> > >
> > > > (iii) that any such copy or extract is a true copy of or extract from the original of or from which it purports to be a copy or extract, and
> >
> > > (e) a certificate purporting to be signed by the prescribed officer of a board or committee and certifying that on a specified date or during the whole of a specified period any person was or was not registered with the board or committee shall be admissible and be evidence of the matters specified in the certificate.
>
> > (2) Subsection (1) (b) does not apply to an order to which section 84 or 90 applies.