South Australian Current Acts

DANGEROUS SUBSTANCES ACT 1979 - SECT 38

38—Evidentiary provisions

        (1)         In proceedings for an offence against this Act, an allegation in the complaint—

            (a)         that any person named holds or held at a specified time a specified office; or

            (b)         that any person named was or was not at a specified time the holder of a specified licence, accreditation or permit under this Act; or

            (c)         that any specified substance is or was a dangerous substance; or

            (d)         that any specified substance is or was a dangerous substance of a specified class; or

            (e)         that any specified substance or article is or was a dangerous good; or

            (f)         that any specified substance or article is or was a dangerous good of a specified class, type or category,

will, in the absence of proof to the contrary, be taken to be proved.

        (2)         In proceedings for an offence against this Act—

            (a)         a licence, accreditation or permit and any conditions of a licence, accreditation or permit; or

            (b)         an approval and any conditions of an approval; or

            (c)         an exemption and any conditions of an exemption; or

            (d)         any notice,

granted or given under this Act may be proved by the production of an apparently genuine document purporting to be a copy of the licence, accreditation, permit, approval, exemption or notice certified by a Competent Authority.

        (3)         In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate of the Government Analyst setting out the results of an analysis of any substance or thing, will, in the absence proof to the contrary, be accepted as proof of the matters stated therein.