sec.119Evidentiary provisions

sec.119 Evidentiary provisions

This section applies to a proceeding for an offence under this part. A statement in a charge of any of the following, in relation to the time or date mentioned in the charge, is evidence of the matter— a person was under 16 years of age; a thing was a smoking product; a thing was an illicit nicotine product; a thing was a motor vehicle; a place was a road or road-related area. Subsection (4) applies if a defendant intends to challenge either of the following at the hearing of a charge under this part— a person was under 16 years of age; a thing was a smoking product. The defendant must, at least 14 days before the day fixed for the hearing, give notice of the challenge to the prosecution in the approved form signed by the defendant. Evidence by a police officer of his or her belief of any matter mentioned in subsection (6) must be accepted by the court as proof of the matter if — the court considers the belief to be reasonable; and there is no evidence to the contrary. The matters to which the previous subsection applies are— a person seen by the police officer in a motor vehicle was under 16 years of age; and a thing being smoked by someone in a motor vehicle was a smoking product. s 119 ins 2009 No. 44 s 180 amd 2024 No. 51 s 16 (sec.119-ssec.1) This section applies to a proceeding for an offence under this part. (sec.119-ssec.2) A statement in a charge of any of the following, in relation to the time or date mentioned in the charge, is evidence of the matter— a person was under 16 years of age; a thing was a smoking product; a thing was an illicit nicotine product; a thing was a motor vehicle; a place was a road or road-related area. (sec.119-ssec.3) Subsection (4) applies if a defendant intends to challenge either of the following at the hearing of a charge under this part— a person was under 16 years of age; a thing was a smoking product. (sec.119-ssec.4) The defendant must, at least 14 days before the day fixed for the hearing, give notice of the challenge to the prosecution in the approved form signed by the defendant. (sec.119-ssec.5) Evidence by a police officer of his or her belief of any matter mentioned in subsection (6) must be accepted by the court as proof of the matter if — the court considers the belief to be reasonable; and there is no evidence to the contrary. (sec.119-ssec.6) The matters to which the previous subsection applies are— a person seen by the police officer in a motor vehicle was under 16 years of age; and a thing being smoked by someone in a motor vehicle was a smoking product.

• (a) a person was under 16 years of age;
• (b) a thing was a smoking product;
• (c) a thing was an illicit nicotine product;
• (d) a thing was a motor vehicle;
• (e) a place was a road or road-related area.
• (a) a person was under 16 years of age;