Crimes Act 1914
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View history notePt IIA (heading) substituted by No 127 of 2010, s 3 and Sch 1 item 2, effective 25 November 2010. The heading formerly read:
Part IIA - Protection of the Constitution and of public and other services
(Repealed by No 127 of 2010)
S 30R repealed by No 127 of 2010, s 3 and Sch 1 item 3, effective 25 November 2010. S 30R formerly read:
S 30R(1) to (4) (inclusive) repealed by No 24 of 2001, s 3 and Sch 10 item 36. For application provisions, see note under s 3BA. S 30R(1) to (4) formerly read:
SECTION 30R Books etc. taken to have been issued by associations
(1)
-
(4)
(Repealed by No 24 of 2001)
(1)
In any prosecution for an offence under this Part, or for an offence to which any provision of this Part is material, the averments of the prosecutor contained in the information or indictment shall be prima facie evidence of the matter or matters averred.
(2)
Subsection (1) shall apply to any matter so averred although:
(a)
evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or
(b)
the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only.
(3)
Any evidence given by witnesses in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of such evidence shall be neither increased nor diminished by reason of this section.
(4)
This section shall not lessen or affect any onus of proof otherwise falling on the defendant.
(5)
Any book, periodical, pamphlet, handbill, poster or newspaper purporting to be issued by or on behalf of, or in the interests of, an association shall, unless the contrary is proved, be deemed to be so issued.
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