Legal proceedings
75 Legal proceedings
Any proceedings for an offence under this Act, and any civil proceedings in which the Board is a party, may be taken in the name of the Board by the registrar or any other person authorised in that behalf by the Board.
All proceedings for offences under this Act are to be heard by a court of summary jurisdiction constituted by a magistrate.
In any proceedings no proof is required of —
the appointment or election of a member of the Board or a committee; or
the authorisation of a person under subsection (1),
but an averment in a prosecution notice that the person is so appointed, elected or authorised is to be taken to be proved in the absence of evidence to the contrary.
Subsection (1) does not limit the ability of a person to commence or conduct a prosecution of an offence if the person has authority at law to do so.
In all courts and before all persons and bodies authorised to receive evidence, in the absence of evidence to the contrary —
a certificate purporting to be issued on behalf of the Board and stating —
that a person was or was not registered or licensed;
any condition to which a person’s registration or licence was subject;
that a person’s registration or licence was suspended or cancelled;
that the name of a person or corporation is or is not entered in a particular division of the register,
on any day or days or during a period mentioned in the certificate, is evidence of the matters so stated; and
a copy of, or extract from, the register or any statement that purports to reproduce matters entered in the register and that is certified by the registrar as a true copy, extract or statement, is evidence of the facts appearing in that copy, extract or statement; and
it is to be presumed that a document purporting to have been signed by the registrar for the purposes of paragraph (b) was signed by the registrar.
This section is in addition to and does not affect the operation of the Evidence Act 1906.
[Section 75 amended: No. 84 of 2004 s. 80.]
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