Tobacco and Other Smoking Products Act 1998
sec.229AEvidentiary provisions
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sec.229A Evidentiary provisions
In a proceeding under or in relation to this Act, a certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— a stated document is any of the following— a retail licence; a retail licence (liquor); a wholesale licence; a notice, direction, order or other document given by the chief executive or another entity under this Act; an approved form; an identity card; a document given to the chief executive under this Act; a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ; on a stated day, or during a stated period, a person’s appointment as an authorised person, a controlled purchase officer or a chief executive officer was, or was not, in effect; on a stated day, or during a stated period, an authorisation under section 208B of a controlled purchase operation was, or was not, in effect; on a stated day, or during a stated period, a variation under section 208E of an authorisation of a controlled purchase operation was, or was not, in effect; on a stated day, or during a stated period, an authorised person was authorised to supervise a controlled purchase operation; on a stated day, or during a stated period, a retail licence, retail licence (liquor) or wholesale licence— was or was not in effect; or was or was not subject to a stated condition; on a stated day, a retail licence, retail licence (liquor) or wholesale licence was suspended for a stated period or cancelled; on a stated day, a stated person was given a stated notice, direction, order or other document under this Act; on a stated day, a stated requirement was made of a stated person; on a stated day, a stated amount was payable under this Act by a stated person and has not been paid; that a stated method of storage, preservation, handling or transportation of a thing, or a sample of or from a thing, taken under this Act has not materially affected the attributes of the thing or sample. In a proceeding for an offence in which an application is made under section 223A to recover costs incurred by the State because of the offence, a certificate purporting to be signed by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, the stated costs were incurred is evidence of the matters stated. s 229A ins 2025 No. 27 s 34 (sec.229A-ssec.1) In a proceeding under or in relation to this Act, a certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— a stated document is any of the following— a retail licence; a retail licence (liquor); a wholesale licence; a notice, direction, order or other document given by the chief executive or another entity under this Act; an approved form; an identity card; a document given to the chief executive under this Act; a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ; on a stated day, or during a stated period, a person’s appointment as an authorised person, a controlled purchase officer or a chief executive officer was, or was not, in effect; on a stated day, or during a stated period, an authorisation under section 208B of a controlled purchase operation was, or was not, in effect; on a stated day, or during a stated period, a variation under section 208E of an authorisation of a controlled purchase operation was, or was not, in effect; on a stated day, or during a stated period, an authorised person was authorised to supervise a controlled purchase operation; on a stated day, or during a stated period, a retail licence, retail licence (liquor) or wholesale licence— was or was not in effect; or was or was not subject to a stated condition; on a stated day, a retail licence, retail licence (liquor) or wholesale licence was suspended for a stated period or cancelled; on a stated day, a stated person was given a stated notice, direction, order or other document under this Act; on a stated day, a stated requirement was made of a stated person; on a stated day, a stated amount was payable under this Act by a stated person and has not been paid; that a stated method of storage, preservation, handling or transportation of a thing, or a sample of or from a thing, taken under this Act has not materially affected the attributes of the thing or sample. (sec.229A-ssec.2) In a proceeding for an offence in which an application is made under section 223A to recover costs incurred by the State because of the offence, a certificate purporting to be signed by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, the stated costs were incurred is evidence of the matters stated.