Part 6Exemptions, enforcement and other matters

Miscellaneous

I1I246Presumptions in proceedings under this Act

1

This section applies for the purposes of a trial in proceedings for an alleged offence under this Act.

2

Where an item—

a

is labelled as a firework or other pyrotechnic article, or

b

is not so labelled but is found within a container which is labelled as containing fireworks or other pyrotechnic articles,

the item is presumed to be a firework or pyrotechnic article as described on the label or, as the case may be, container.

3

At the trial, a party to the proceedings may rebut the presumption mentioned in subsection (2) by proving that, at the time the offence is alleged to have been committed, the item was not a firework or other pyrotechnic article of the description on the item or the container.

4

A party may lead evidence for the purpose of rebutting the presumption only if the party has given notice of the intention to do so to the other parties—

a

not less than 7 days before the intermediate diet, or

b

if there is no intermediate diet, not less than 28 days before the date of the trial.