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Chapter 9
Evidentiary and procedural matters
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Inferences, evidential burdens and onuses of proof arising in certain circumstances
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205. (1) Where, in any proceedings for an offence under this Act, the person charged with the offence claims in his or her defence that he or she has been granted, given or issued a new authorisation, the burden of showing that the authorisation has been granted, given or issued shall lie with the defendant.
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(2) (a) In any proceedings for an offence under this Act, prima facie evidence may be given that no new authorisation was granted, given or issued which would have acted to render lawful the matter alleged to be an offence by means of the production to the court of a copy, authenticated as provided for in paragraph (b), of any such portion or extract of any register or record of new authorisations as relates to or covers the relevant period.
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(b) Any such copy produced to the court shall be authenticated by the signature of an officer of the Minister, the Commissioners or the Board, or of a local authority, as appropriate, but it shall not be necessary to prove such signature or that the person signing is such an officer or has been authorised to so authenticate.
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(3) Where, in any proceedings for an offence under this Act, the person charged with the offence claims in his or her defence that he or she has given a relevant and valid notice or other document under this Act, the burden of showing that such notice or other document was given shall rest with the defendant.
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(4) (a) In any proceedings for an offence under this Act, prima facie evidence may be given that no notice or other document was given by or on behalf of the person charged with the offence which would have acted to render lawful the matter alleged to be an offence by means of the production to the court of a copy, authenticated as provided for in paragraph (b), of any such portion or extract of any register or record of notices or other documents received by the Minister, the Commissioners or the Board, or local authority, as appropriate, as relates to or covers the relevant period.
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(b) Any such copy produced to the court shall be authenticated by the signature of an officer of the Minister, the Commissioners or the Board, or of a local authority, as appropriate, but it shall not be necessary to prove such signature or that the person signing is such an officer or has been authorised to so authenticate.
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