s. 123 inspection is evidence of the facts stated in the absence of evidence to the contrary. (2) In any proceedings for an offence under this Act S. 122(2) amended by with respect to any fish alleged to have been taken No. 5/1997 from Victorian waters, it is upon the person s. 24(1)(a). charged to prove that the fish were not taken in Victorian waters. (3) A person who is in a boat, aircraft, car or other S. 122(3) amended by vehicle, or on any premises, in or on which there No. 5/1997 is fish of a priority species is deemed to be in s. 24(1)(c). possession of those fish until the contrary is proved. * * * * * S. 122(4) inserted by No. 108/2003 s. 15, repealed by No. 68/2009 s. 97(Sch. item 58.3). * * * * * Note to s. 122(4) repealed by No. 68/2009 s. 97(Sch. item 58.3). 123 Simplification of proof (1) Any person having in a boat, any fish and commercial fishing equipment is deemed, until the contrary is proved, to have taken the fish by the use of that commercial fishing equipment and to have taken those fish for sale. (2) Any person having in a boat any abalone and commercial abalone equipment is deemed, until the contrary is proved, to have taken the abalone by the use of that commercial abalone equipment and to have taken those abalone for sale.
inspection is evidence of the facts stated in the absence of evidence to the contrary. S. 122(2) amended by No. 5/1997 s. 24(1)(a). (2) In any proceedings for an offence under this Act with respect to any fish alleged to have been taken from Victorian waters, it is upon the person charged to prove that the fish were not taken in Victorian waters. S. 122(3) amended by No. 5/1997 s. 24(1)(c). (3) A person who is in a boat, aircraft, car or other vehicle, or on any premises, in or on which there is fish of a priority species is deemed to be in possession of those fish until the contrary is proved. S. 122(4) inserted by No. 108/2003 s. 15, repealed by No. 68/2009 s. 97(Sch. item 58.3). * * * * * Note to s. 122(4) repealed by No. 68/2009 s. 97(Sch. item 58.3). * * * * * 123 Simplification of proof s. 123 (1) Any person having in a boat, any fish and commercial fishing equipment is deemed, until the contrary is proved, to have taken the fish by the use of that commercial fishing equipment and to have taken those fish for sale. (2) Any person having in a boat any abalone and commercial abalone equipment is deemed, until the contrary is proved, to have taken the abalone by the use of that commercial abalone equipment and to have taken those abalone for sale.
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