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Jamaica

JM026

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The Customs (Amendment) Act, 2009

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.

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[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.

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