Australian Capital Territory Numbered Acts

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CRIMES (OFFENCES AGAINST THE GOVERNMENT) (AMENDMENT) ACT 1991 (NO. 54 OF 1991) - SECT 3

Insertion

3. After section 3 of the Principal Act the following sections are inserted:

“3A. For the purposes of this Act, property that is or was in the possession, custody or control of the Territory or of a Territory authority shall be presumed to belong, or to have then belonged, to the Territory or to that authority, as the case requires, but that presumption is rebuttable.

“3B. In proceedings for an offence under this Act in which the question whether, at a particular time or during a particular period—

        (a)     any property was in the possession, custody or control of the Territory or of a Territory authority; or

        (b)     any land, building or part of a building was occupied by the Territory or by a Territory authority;

is in issue, a certificate purporting to be signed by the Minister to the effect that, at that time or during that period—

        (c)     the property was in the possession, custody or control of the Territory or of the Territory authority; or

        (d)     the land, building or part of a building was occupied by the Territory or by the Territory authority;

as the case requires, is evidence of that fact.”.



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