sec.163Evidentiary provisions

### sec.163 Evidentiary provisions In a proceeding for the purposes of this Act— it is not necessary to prove the appointment of the Minister, the commissioner, an authorised officer, a commissioned officer or any other police officer to do any act or take any proceedings; and a signature purporting to be that of the Minister, the commissioner, authorised officer or any other police officer is to be taken to be the signature it purports to be until the contrary is proved; and a statement in a complaint under the Justices Act 1886 of any of the following matters is evidence of the matter— a place is or is not an approved range; a club or an organisation is or is not an approved shooting club; a person is or is not of a particular age; a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 15 (5) or 18 (7) , approved the rejection of an application for a licence or the renewal of a licence because a person was not a fit and proper person is evidence of the matter; and a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 28 (4) or 29 (3) , approved the suspension or revocation of a licence because a person was not a fit and proper person is evidence of the matter; and a certificate purporting to be signed by an authorised officer stating any of the following matters is evidence of the matter— a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document; at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act; a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and a document purporting to contain information extracted from the firearms register and signed by an authorised officer is evidence that the information is recorded in the firearms register; and every entry in any book or register kept by or belonging to any person pursuant to this Act or found on premises of that person are to be taken, unless the contrary is shown, to have been made by or with the authority of that person; and proof of any exemption from any provision of this Act is upon the person who relies thereon; and where the age of any person is material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age but the age of that person may be proved by other means. Where, in respect of a proceeding for an offence against this Act, a copy of a document purporting to be signed by a police officer or a public service officer stating— the qualifications and experience of that officer; and that the officer has been appointed by the commissioner as an approved officer; and that at a specified time any article, weapon or other thing— did or did not bear any identification mark or number; or has had altered, defaced or removed therefrom any identification mark or number; or was or was not a weapon of a particular type; or was a weapon or other thing that had or had not been rendered inoperable; is served upon the person charged with the offence at least 14 clear days before the hearing of the complaint then the document, a copy of which has been so served, on its production in the proceeding is sufficient evidence of the facts stated therein unless the person charged gives notice in writing in or to the effect of the approved form to the complainant at least 3 clear days before the hearing of the complaint requiring the calling of the police officer or the public service officer as a witness. Notwithstanding that a person charged with an offence has failed to give the notice as prescribed in subsection (2) , the court may, in the interest of justice, order the police officer or the public service officer to be called and may grant any necessary adjournment accordingly. In relation to a charge involving the unlawful possession of a firearm under section 50 , the person charged is to be taken to have been in possession of the firearm if there is proof that the firearm was, at the material time, in or on a place of which the person was the occupier or concerned in the management or control unless the person shows— that the firearm was brought to the place by someone who was authorised to have possession of the firearm; or that the person neither knew nor had reason to suspect that the firearm was in or on the place; or that someone other than the person had responsibility for the weapon. Unless the tribunal of fact considers the interests of justice require that opinion evidence be given, the tribunal of fact may decide whether a thing produced to it, and examined by it, is 1 of the following without the assistance of opinion evidence— a weapon; a particular type of weapon; a power head, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow; a replica of a weapon; a firearm; a thing mentioned in section 67 . In this section— approved officer means a police officer or a public service officer appointed as an approved officer under section 152 . s 163 amd 1994 No. 13 s 24 ; 1995 No. 57 s 4 sch 1 ; 1996 No. 41 s 29 ; 1999 No. 19 s 3 sch ; 2003 No. 37 s 74 ; 2007 No. 1 s 32 sch 2 ; 2022 No. 4 s 35 (sec.163-ssec.1) In a proceeding for the purposes of this Act— it is not necessary to prove the appointment of the Minister, the commissioner, an authorised officer, a commissioned officer or any other police officer to do any act or take any proceedings; and a signature purporting to be that of the Minister, the commissioner, authorised officer or any other police officer is to be taken to be the signature it purports to be until the contrary is proved; and a statement in a complaint under the Justices Act 1886 of any of the following matters is evidence of the matter— a place is or is not an approved range; a club or an organisation is or is not an approved shooting club; a person is or is not of a particular age; a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 15 (5) or 18 (7) , approved the rejection of an application for a licence or the renewal of a licence because a person was not a fit and proper person is evidence of the matter; and a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 28 (4) or 29 (3) , approved the suspension or revocation of a licence because a person was not a fit and proper person is evidence of the matter; and a certificate purporting to be signed by an authorised officer stating any of the following matters is evidence of the matter— a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document; at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act; a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and a document purporting to contain information extracted from the firearms register and signed by an authorised officer is evidence that the information is recorded in the firearms register; and every entry in any book or register kept by or belonging to any person pursuant to this Act or found on premises of that person are to be taken, unless the contrary is shown, to have been made by or with the authority of that person; and proof of any exemption from any provision of this Act is upon the person who relies thereon; and where the age of any person is material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age but the age of that person may be proved by other means. (sec.163-ssec.2) Where, in respect of a proceeding for an offence against this Act, a copy of a document purporting to be signed by a police officer or a public service officer stating— the qualifications and experience of that officer; and that the officer has been appointed by the commissioner as an approved officer; and that at a specified time any article, weapon or other thing— did or did not bear any identification mark or number; or has had altered, defaced or removed therefrom any identification mark or number; or was or was not a weapon of a particular type; or was a weapon or other thing that had or had not been rendered inoperable; is served upon the person charged with the offence at least 14 clear days before the hearing of the complaint then the document, a copy of which has been so served, on its production in the proceeding is sufficient evidence of the facts stated therein unless the person charged gives notice in writing in or to the effect of the approved form to the complainant at least 3 clear days before the hearing of the complaint requiring the calling of the police officer or the public service officer as a witness. (sec.163-ssec.3) Notwithstanding that a person charged with an offence has failed to give the notice as prescribed in subsection (2) , the court may, in the interest of justice, order the police officer or the public service officer to be called and may grant any necessary adjournment accordingly. (sec.163-ssec.3A) In relation to a charge involving the unlawful possession of a firearm under section 50 , the person charged is to be taken to have been in possession of the firearm if there is proof that the firearm was, at the material time, in or on a place of which the person was the occupier or concerned in the management or control unless the person shows— that the firearm was brought to the place by someone who was authorised to have possession of the firearm; or that the person neither knew nor had reason to suspect that the firearm was in or on the place; or that someone other than the person had responsibility for the weapon. (sec.163-ssec.4) Unless the tribunal of fact considers the interests of justice require that opinion evidence be given, the tribunal of fact may decide whether a thing produced to it, and examined by it, is 1 of the following without the assistance of opinion evidence— a weapon; a particular type of weapon; a power head, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow; a replica of a weapon; a firearm; a thing mentioned in section 67 . (sec.163-ssec.5) In this section— approved officer means a police officer or a public service officer appointed as an approved officer under section 152 . - (a) it is not necessary to prove the appointment of the Minister, the commissioner, an authorised officer, a commissioned officer or any other police officer to do any act or take any proceedings; and - (b) a signature purporting to be that of the Minister, the commissioner, authorised officer or any other police officer is to be taken to be the signature it purports to be until the contrary is proved; and - (c) a statement in a complaint under the Justices Act 1886 of any of the following matters is evidence of the matter— (i) a place is or is not an approved range; (ii) a club or an organisation is or is not an approved shooting club; (iii) a person is or is not of a particular age; (iv) a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and - (i) a place is or is not an approved range; - (ii) a club or an organisation is or is not an approved shooting club; - (iii) a person is or is not of a particular age; - (iv) a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and - (ca) a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 15 (5) or 18 (7) , approved the rejection of an application for a licence or the renewal of a licence because a person was not a fit and proper person is evidence of the matter; and - (cb) a certificate purporting to be signed by the commissioner or deputy commissioner that the commissioner or deputy commissioner, acting personally under section 28 (4) or 29 (3) , approved the suspension or revocation of a licence because a person was not a fit and proper person is evidence of the matter; and - (d) a certificate purporting to be signed by an authorised officer stating any of the following matters is evidence of the matter— (i) a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document; (ii) at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act; (iii) a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and - (i) a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document; - (ii) at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act; - (iii) a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and - (e) a document purporting to contain information extracted from the firearms register and signed by an authorised officer is evidence that the information is recorded in the firearms register; and - (f) every entry in any book or register kept by or belonging to any person pursuant to this Act or found on premises of that person are to be taken, unless the contrary is shown, to have been made by or with the authority of that person; and - (g) proof of any exemption from any provision of this Act is upon the person who relies thereon; and - (h) where the age of any person is material, the court may decide, upon its own view and judgment, whether any person charged or present before it has or has not attained any prescribed age but the age of that person may be proved by other means. - (i) a place is or is not an approved range; - (ii) a club or an organisation is or is not an approved shooting club; - (iii) a person is or is not of a particular age; - (iv) a person was, or was not, the holder of a specified licence, permit, approval or other authority issued or granted under this Act at or during a specified time; and - (i) a specified document is a licence, permit or approval or other document issued or granted under this Act or a copy of the document; - (ii) at or during a specified time, in relation to a place, person, club or organisation there was or was not a specified licence, permit, approval or other authority issued or granted under this Act; - (iii) a licence, permit, approval or other authority granted or issued under this Act was subject to the terms, conditions or restrictions stated in the document; and - (a) the qualifications and experience of that officer; and - (b) that the officer has been appointed by the commissioner as an approved officer; and - (c) that at a specified time any article, weapon or other thing— (i) did or did not bear any identification mark or number; or (ii) has had altered, defaced or removed therefrom any identification mark or number; or (iii) was or was not a weapon of a particular type; or (iv) was a weapon or other thing that had or had not been rendered inoperable; - (i) did or did not bear any identification mark or number; or - (ii) has had altered, defaced or removed therefrom any identification mark or number; or - (iii) was or was not a weapon of a particular type; or - (iv) was a weapon or other thing that had or had not been rendered inoperable; - (i) did or did not bear any identification mark or number; or - (ii) has had altered, defaced or removed therefrom any identification mark or number; or - (iii) was or was not a weapon of a particular type; or - (iv) was a weapon or other thing that had or had not been rendered inoperable; - (a) that the firearm was brought to the place by someone who was authorised to have possession of the firearm; or - (b) that the person neither knew nor had reason to suspect that the firearm was in or on the place; or - (c) that someone other than the person had responsibility for the weapon. - (a) a weapon; - (b) a particular type of weapon; - (c) a power head, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow; - (d) a replica of a weapon; - (e) a firearm; - (f) a thing mentioned in section 67 .