Western Australian Consolidated Acts Western Australian Consolidated Acts In any prosecution for
offences against this Act —
(a) it
is not necessary to prove the appointment of an inspector or authorised person
or his authority to do any act, to issue any order, to give any direction or
notice, to make any request or to take any proceedings, but nothing in this
paragraph prevents the right of the accused to prove the extent of that
authority; and
(b) a
signature purporting to be that of the Minister, the chief executive officer
or any inspector or authorised person shall be taken to be the signature of
the person whose signature it purports to be until the contrary is proved; and
(c) a
statement signed by the chief executive officer that a certificate or permit,
of the description mentioned in the statement has or had not been issued
pursuant to this Act to a person in respect of any premises specified in the
statement, and, in the case of a certificate or permit that has been so
issued, as to the date of issue of, and the particulars contained in, the
certificate or permit, is evidence of the matters specified in the statement;
and
(d) the
allegation in or averment in any charge that any building, premises or other
place is, or was at the time stated therein, a retail shop, is evidence
thereof; and
(e)
evidence of a person being found in any shop is proof that the person was
employed therein unless the contrary is proved; and
(f) it
shall not be necessary to prove the limits of any area, part of an area,
radius or zone prescribed by or under this Act, but this paragraph does not
prevent the right of the accused to prove the facts relating thereto; and
(g) a
statement signed by the chief executive officer stating the class to which any
retail shop specified in the certificate belongs, or stating that a class of
articles as so specified are usually sold in a specified class of business, is
proof of the matters so specified until the contrary is proved; and
(h) any
work done in a retail shop shall be deemed to have been done, or any person
employed therein shall be deemed to have been employed, with the knowledge and
by the authority of the person operating the retail shop unless the contrary
is proved.
[Section 39 amended by No. 1 of 1991
s. 14; No. 84 of 2004 s. 80 and 82.]