8. Evidence

    (1) In any proceedings in respect of offences under this Act

    (a) no proof shall be required of the authority of the inspector to take the proceedings, or of his appointment as such inspector; and

    (b) the person whose name is marked on the outside or inside of any package containing products for sale, or on any label thereon, as the seller or packer thereof, shall be deemed to be the seller or packer thereof until the contrary is proved.

    (2) In any proceedings in respect of an offence under section 3, the averment of the prosecutor that any wool the subject of the charge is or was intended for sale or has been sold shall, if contained in a sworn prosecution notice verified on oath, be deemed to be proved in the absence of proof to the contrary.

    (3) When in any proceedings in respect of an offence under this Act relating to agricultural products found on, in or about any building, structure or vehicle the prosecution shows that the building, structure or vehicle

    (a) was being used at the time for the sale of agricultural products (whether of the same kind or of any other kind); or

    (b) had previously been regularly or frequently used for the sale of agricultural products (whether of the same kind or of any other kind),

    the agricultural products so found shall be deemed to have been offered and exposed for sale unless the accused proves that it was not intended to be sold until the provisions of this Act in relation thereto had been duly complied with.

    [Section 8 amended by No. 42 of 1965 s.6; No. 82 of 1974 s.7; No. 61 of 1982 s.12; No. 84 of 2004 s. 80 and 82.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.