s. s. 122 122 122 Evidentiary and onus of proof provisions (1) In any proceedings for an offence under this S. 122(1) amended by Act— No. 5/1997 s. 24(1)(a). (a) the onus of proof that fish was not received, processed or sold by the person, is on the person charged with the offence; (b) any fish found in, on or attached to any boat, premises, aircraft or vehicle used for the taking, sale, receiving or processing for sale of fish is presumed until the contrary is proved, to be intended for sale for human consumption; (c) any unprocessed fish found in the possession of any person during a closed season for that type of fish is presumed until the contrary is proved to have been taken by the person during the closed season; S. 122(1)(d) * * * * * repealed by No. 108/2003 s. 50(d). (e) the claim that a boat is a foreign boat is to be taken to be proved unless the contrary is proved; (f) the production of a copy of the Government Gazette containing any matters required by this Act to be published in the Government Gazette is conclusive evidence of the matters specified therein; S. 122(1)(g) (g) the production of a certificate purporting to amended by be signed by the Secretary stating that any Nos 5/1997 s. 24(1)(b), incorporated document or any amendment to 56/2003 s. 4. an incorporated document was available for
122 Evidentiary and onus of proof provisions s. 122 S. 122(1) amended by No. 5/1997 s. 24(1)(a). (1) In any proceedings for an offence under this Act— (a) the onus of proof that fish was not received, processed or sold by the person, is on the person charged with the offence; (b) any fish found in, on or attached to any boat, premises, aircraft or vehicle used for the taking, sale, receiving or processing for sale of fish is presumed until the contrary is proved, to be intended for sale for human consumption; (c) any unprocessed fish found in the possession of any person during a closed season for that type of fish is presumed until the contrary is proved to have been taken by the person during the closed season; S. 122(1)(d) repealed by No. 108/2003 s. 50(d). * * * * * (e) the claim that a boat is a foreign boat is to be taken to be proved unless the contrary is proved; s. 122 (f) the production of a copy of the Government Gazette containing any matters required by this Act to be published in the Government Gazette is conclusive evidence of the matters specified therein; S. 122(1)(g) amended by Nos 5/1997 s. 24(1)(b), 56/2003 s. 4. (g) the production of a certificate purporting to be signed by the Secretary stating that any incorporated document or any amendment to an incorporated document was available for