Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 3 · Control of Import, Sale, Etc., of Tobacco Products, Vaporisers and Imitation Tobacco Products
16C. Presumption relating to vehicles and trailers
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This section applies to and in relation to an offence under section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4).
If an applicable product or any component of an applicable product is found in any vehicle or trailer, that applicable product or component is presumed, until the contrary is proved, to be in the possession of the person in charge of the vehicle or trailer for the time being.
The presumption provided for in subsection (2) is not to be rebutted by proof that the accused never had physical possession of the applicable product or component of an applicable product.