Queensland Consolidated Acts

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LIQUOR ACT 1992 - SECT 233

233 Evidentiary provisions

(1) In a proceeding under this Act, a signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.

(2) Also, in a proceeding under this Act—

(a) a copy of, or extract from, an entry in the register, bearing a certificate purporting to be that of the chief executive that it is a true copy of, or extract from, the register is admissible as evidence of the entry in the register; and
(b) a copy of—
(i) a licence or permit; or
(ii) an endorsement on a licence;
bearing a certificate purporting to be that of the chief executive that it is a true copy of the licence or permit or the endorsement is admissible as evidence of the original licence or original endorsement; and
(c) an averment or allegation in a complaint of an offence against this Act that—
(i) a person specified has not, or had not at a material time, attained 18 years; or
(ii) a machine, apparatus or device is capable of being used for betting or gaming; or
(iii) a specified art union or lottery was not authorised by law at a material time; or
(iv) the offence was committed on Good Friday;
is sufficient proof of the truth of the averment or allegation until the contrary is proved; and
(d) if a statement of the results of the analysis of a fluid includes a certificate purporting to be the certificate of an analyst that the statement is a true statement of the results of the analysis—the statement that the fluid is liquor is evidence of the results of the analysis; and
(e) if in a statement in a complaint for an offence against this Act it is claimed that the offence happened on licensed premises and a fluid was liquor—the statement is evidence that the fluid was liquor; and
(f) if in a statement in a complaint for an offence against this Act it is claimed that the offence happened off licensed premises and a fluid was packed in a container of a type that usually holds liquor—the statement is evidence that the fluid was liquor.

(3) In addition, in a proceeding under this Act, a certificate signed by the chief executive stating any of the following matters is evidence of the matter—

(a) on a stated date, a stated person was or was not the holder of a licence or permit;
(b) on a stated date, a stated place was or was not, in a restricted area;
(c) the conditions of a restricted area permit;
(d) a notice complying with section 173J(2) was, at a stated time, erected or displayed at a place mentioned in section 173J(1)(c).

(4) In this section—

analyst means a person who is appointed as a State analyst under the Health Act 1937, section 153Z.



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