Customs Act 1901

PART XIV - CUSTOMS PROSECUTIONS  

SECTION 255   AVERMENT OF PROSECUTOR SUFFICIENT  

255(1)   [Averment prima facie evidence of matter]  

In any Customs prosecution the averment of the prosecutor or plaintiff contained in the information, complaint, declaration or claim shall be prima facie evidence of the matter or matters averred.

255(2)   [Section to apply to any matter so averred]  

This section 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.

255(3)   [Evidence of witnesses]  

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.

255(4)   [Section not to apply]  

The foregoing provisions of this section shall not apply to -

(a) an averment of the intent of the defendant; or

(b) proceedings for an indictable offence or an offence directly punishable by imprisonment.

255(5)   [Onus of proof]  

This section shall not lessen or affect any onus of proof otherwise falling on the defendant.