JAMAICA
No.l6-2009
I assent,
[L.S.]
~e.j2~
Governor-General
AN ACT to Amend the Customs Act.
['\~ Cl.sL~>:to01 ]
BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follovys:
1. This Act may be cited as the Customs (Amendment) Act, Short title and con
2009, and shall be read and construed as one with the Customs
struction.
Act (hereinafter referred to as the principal Act) and all amendments thereto.
------.-..~---.--.~------
[No. ] The Customs (Amendment) Act, 2009
| Insertion of | 2. The principal Act is amended by inserting next after section |
|---|---|
| new section 2S3A in | 253 the following as section 253A |
| principal Act. | "Admissibility of certain documents. 253A.--(I) Subsection (2) applies where the prosecution establishes, to the satisfaction of the |
| Court, that | |
| (a) facts are contained in any book, document, | |
| computer equipment or electronic recording | |
| device found inthe possession ofa defendant | |
| or on any premises owned or occupied by | |
| the defendant; | |
| (b) the owner of the book, maker of the | |
| document or a person who entered the | |
| infonnation inthe book, document, computer | |
| equipment or electronic recording device is | |
| unable or unwilling to appear before the | |
| Court in order to prove the contents thereof; | |
| and | |
| (c) the facts are within the knowledge ofthe | |
| defendant or were within his means to know. | |
| (2) Notwithstanding any provision of law | |
| to the contrary, the evidential burden shall lie on | |
| the defendant to disprove any fact to which | |
| subsection (1) relates in any case in which direct | |
| oral evidence would have been admissible.". |
Passed in the House ofRepresentatives this 22nd day ofSeptember, 2009. DELROY CHUCK
Speaker.
The Customs (Amendment) Act. 2009 [No. ]
Passed in the Senate this 23rd day of October, 2009.
OSWALD G HARDING, OJ, CD, QC
President.
This printed impression has been carefully compared by me with the Act which has passed the House o/Representatives and Senate. and has been/ound by me to be a true and correct printed copy o/the said Act.
Clerk to the Houses 0/Parliament.
-~-~. --~-----.~..---.-.-------------..~--~.-----.----~---~-.--