Law Reform (Eradication of Illicit Samsu) Act 1976 · Updated to 1 Jan 2006 · Part IV · Evidentiary and Trial Provisions
18. Presumptions
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any premises shall be deemed to be used for a purpose if it is used for that purpose even on one occasion only;
*NOTE—Previously “five years”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711].
illicit samsu
“illicit samsu” means any intoxicating liquor which has been manufactured without authorization;
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a person shall, until the contrary is proved, be deemed to be the occupier of any premises if he has, or appears to have, the care or management of the premises;
if any illicit samsu is found in any premises, it shall be presumed, until the contrary is proved, that the owner or occupier of the premises is trafficking in such samsu knowing it to be illicit;
trafficking
“trafficking”, in relation to illicit samsu, includes the doing, even on one occasion only, of any of the following acts otherwise than under the authorization of any written law, that is to say, importing, exporting, selling, buying, receiving, keeping, concealing, storing, giving, carrying, transporting, sending, delivering, procuring, supplying or distributing. PROSCRIPTION OF ILLICIT SAMSU No person to manufacture illicit samsu
if any manufacturing apparatus is found in any premises it shall be presumed, until the contrary is proved, that the owner or occupier of the premises knowingly keeps or knowingly has in his possession that manufacturing apparatus;
manufacturing apparatus
“manufacturing apparatus” means any still or part of a still for manufacturing illicit samsu or any utensil or other apparatus for such purpose;
any person who is found to have or to have had in his custody or under his control anything whatsoever containing illicit samsu shall, until the contrary is proved, be deemed to be or to have been trafficking in such samsu knowing it to be illicit;
if any illicit samsu is found concealed in any compartment specially constructed for the purpose on any vehicle, it shall, until the contrary is proved, be deemed to have been so concealed with the knowledge of the owner of the vehicle and of the person in charge of the vehicle for the time being;
evidence by a Government chemist in his report or by a senior officer that any apparatus is for manufacturing illicit samsu shall, until the contrary is proved, be deemed to be sufficient evidence of the fact;
senior officer
“senior officer” means— (a) any police officer of the rank of Inspector and above; or (b) any senior officer of customs so defined in subsection 2(1) of the Customs Act 1967;
when any suspected illicit samsu has been seized and such samsu is contained in a number of receptacles, it shall be sufficient to analyse samples of the contents of not less than ten per centum of the receptacles of each description and if the analysis establishes that the samples are all of the same nature, quantity and quality, it shall be presumed, until the contrary is proved, that the contents of all the other receptacles of the like description are of the same nature, quantity and quality as the samples so analysed.
Law Reform (Eradication of Illicit Samsu)