Chief Executive Officer of Customs v El Hajje

An averment provision (Excise Act 1901 (Cth) s 144) renders the matter averred prima facie evidence of that matter; there is no textual basis for excluding the 'ultimate fact in issue' from what may be averred, but an averment of a matter of mixed fact and law is prima facie evidence of the fact only and does not relieve the prosecution of the ultimate burden of proof.