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.