Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person is not
excused from giving information or producing records or any other thing when
required to do so under this Act on the ground that the information, records
or other thing might tend to incriminate him, but his answer to any question
asked, his giving of any other information, the production by him of any
records or other thing or his compliance with the requirement in any other
respect is not admissible in evidence against him in any criminal proceedings,
other than proceedings under this Act.
(2) In any proceedings
under this Act —
(a) it
shall not be necessary to prove the appointment of a member of the Commission,
and all courts and persons acting judicially shall take judicial notice of a
signature attached or appended to a document purporting to be issued under
this Act if the signature purports to be that of a person who at the relevant
time is or was the holder of such an office, unless the contrary is proved;
(b) a
document signed by a member of the Commission stating that at the time or
during the period stated in the document —
(i)
a person named in the document was an authorised person
or permittee for the purposes of this Act specified in the document; or
(ii)
a licence, permit or approval was granted, a requirement
was made, or a direction or notice was given, or was in force or had effect,
or had been amended, or was not in force or was of no effect, in relation to
the circumstances specified in the document, or had been served on any person,
under this Act,
shall be evidence of
the facts stated and, in the absence of evidence to the contrary, conclusive
evidence;
(c) a
document or writing purporting to be a copy of any licence, permit or approval
granted, or of any requirement made or direction or notice given, under this
Act shall be evidence of the licence, permit, approval, certificate,
requirement, direction or notice of which it purports to be a copy and, in the
absence of evidence to the contrary, conclusive evidence;
(d) an
averment that —
(i)
a person is of a specified age or is under or over a
specified age;
(ii)
that any place at which an offence was committed was a
place to which a licence, permit or approval applies or did not apply;
(iii)
a specified term, condition, restriction or prohibition
had effect in relation to any specified licence, permit or approval;
(iv)
in proceedings against a person in that person’s
capacity as the holder of a licence, permit or approval, that the person is
the holder of a specified licence, permit or approval; or
(v)
that a person is a person to whom a specified licence,
permit or approval was not issued,
shall be evidence of
the facts stated and, in the absence of evidence to the contrary, conclusive
evidence;
(e)
where an officer authorised for the purpose by the Commission or a racing
club, a police officer or a person acting at the request of such an authorised
officer or police officer, enters into any bet and another person is charged
with an offence arising out of the bet, on the hearing of the charge that
authorised officer, police officer or person acting on
request —
(i)
is deemed not to be an accomplice of the person charged
and not to be guilty of an offence; and
(ii)
may give evidence,
and his evidence shall
be deemed not to be the evidence of an accomplice;
(f) a
person may be convicted on the uncorroborated evidence of an accomplice, and
shall not be acquitted by reason only that the only evidence is the
uncorroborated evidence of an accomplice unless the truth of that evidence is
suspect; and
(g) an
act, admission or statement of a licensed manager, an employee or agent of a
person charged with an offence is admissible as evidence, whether it is done,
made or given in the presence of that person or not.
(3) An officer
authorised by the Commission and any police officer may seize any betting
material, money or other thing which he has reasonable cause to believe may be
required as evidence for the purpose of proceedings in respect of an offence
under this Act or which appears to him to contravene a condition of any
licence, permit or approval under this Act.
[Section 31A inserted by No. 11 of 1992
s. 55; amended by No. 17 of 1998 s. 24; No. 13 of 2002
s. 25; No. 35 of 2003 s. 102; No. 84 of 2004 s. 80; No. 59
of 2006 s. 73.]