Section 152 Liquor Act 2007 | Evidence During Proceedings


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The Legislation

Section 152 of the Liquor Act 2007 (NSW) is concerned with Evidence During Proceedings and is set out below.

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152 Evidentiary provisions

(1) In any proceedings for an offence under this Act or the regulations, any one or more of the following allegations (however expressed) is evidence of the truth of the allegation unless the contrary is proved:
(a) that a specified person was or was not the holder of a licence or a specified kind of licence at a specified time or during a specified period,
(b) that a specified licence was or was not subject to a specified condition at a specified time or during a specified period,
(c) that a specified authorisation to which section 51 applies was or was not in force at a specified time or during a specified period,
(d) that a specified licence was or was not endorsed with a specified endorsement at a specified time or during a specified period,
(e) that a specified person was or was not the secretary or an office holder of a specified non-proprietary association at a specified time or during a specified period,
(f) that a specified licence was or was not held by a specified person on behalf of a specified non-proprietary association at a specified time or during a specified period,
(g) that a specified body or association was or was not a specified non-proprietary association at a specified time or during a specified period,
(h) that a specified licence was or was not suspended or cancelled at a specified time or during a specified period,
(i) that specified premises were or were not licensed premises at a specified time or during a specified period,
(j) that a specified part of premises was or was not a bar area at a specified time or during a specified period,
(k) that specified hours were or were not the trading hours of specified licensed premises at a specified time or during a specified period,
(l) that specified premises were subject to a closure order under this Act at a specified time or during a specified period,
(m) that a minors area authorisation or minors functions authorisation was or was not in force in respect of a specified part of any premises at a specified time or during a specified period,
(n) that a specified person has or has not been approved by the Authority as a person who may be appointed as the manager of licensed premises,
(o) that a specified person is or was, at a specified time or during a specified period, the Director-General,
(p) that a specified person is or was, at a specified time or during a specified period, a delegate of the Minister, or of the Commissioner of Police, or of the Authority, to whom a specified function has been delegated under this Act or the Gaming and Liquor Administration Act 2007,
(q) that a specified person is or was, at a specified time or during a specified period, an inspector,
(r) that a liquid or other substance is liquor.

(2) In any proceedings for an offence under this Act or the regulations, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in the manner prescribed by the regulations.

(3) In any proceedings for an offence under this Act or the regulations, evidence of delivery or supply of liquor is evidence of a sale of the liquor.

(4) In any proceedings for an offence under section 9 (2), liquor is taken to have been sold or consumed on the licensed premises to which the proceedings relate regardless of whether the licensee took or carried, or caused another person to take or carry, the liquor out of the licensed premises for the purpose of being sold or consumed at another place occupied by the licensee or in a public place.