Averments Clause Samples
The Averments clause sets out the formal statements or assertions of fact made by a party within a legal document, typically a pleading. These statements are presented as the factual basis for the party's claims or defenses and must be clear and specific enough to inform the opposing party of the case they must answer. By requiring parties to clearly state their factual positions, the Averments clause ensures that legal proceedings are based on well-defined issues, promoting fairness and efficiency in resolving disputes.
Averments. In a prosecution for an offence against this Act, an averment in the complaint that:
(a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease;
(b) a place was a controlled access point for a specified purpose; or
(c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary.
(1) On finding a person guilty of an offence committed within a designated area or the mineral lease and involving the stealing, receiving or possession of uncut diamonds, a court must order the uncut diamonds to be delivered to the Company.
(2) Subsection (1) applies:
(a) to an offence under this or any other Act; and
(b) notwithstanding any other law or Act.
Averments. Return of uncut diamonds 14. Protection of security officers and police 15. Regulations E it enacted by the Legislative Assembly of the Northern Territory of Australia, with the assent as provided by the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (▇▇▇▇-▇▇▇▇▇▇▇▇▇▇) ▇▇▇ ▇▇▇▇ of the Commonwealth, as follows:
Averments. In a prosecution for an offence against this Act, an averment in the complaint that —
(a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease;
(b) a place was a controlled access point for a specified purpose; or
(c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary.
Averments. In a prosecution for an offence against this Act, an averrnent in the complaint that
(a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease;
(b) a place was a controlled access point for a specified purpose; or
(c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary.