Evidence
49 Evidence
For the purposes of any proceedings against a person for the recovery of contributions or surcharges under this Act, a certificate purporting to be signed by the chief executive officer certifying that —
the employer named in the certificate was liable to pay the long service leave charges for the period specified in the certificate; or
an assessment of the long service leave contributions and surcharges was duly made against him; or
the particulars of the assessment are as stated in the certificate; or
notice of the assessment was duly served upon the person; or
the amount specified in the certificate was at the date of the certificate payable in respect of long service leave entitlements under this Act by the employer,
shall be admissible in evidence in any proceedings against a person under this Act and is, in the absence of evidence to the contrary, conclusive proof of the matters stated in the certificate.
In any proceedings against a person for recovery of a surcharge determined under section 35A, a certificate purporting to be signed by the chief executive officer certifying any of the following —
that the employer named in the certificate was liable to pay the surcharge;
that the determination of the surcharge was duly made;
that the amount of the surcharge is as stated in the certificate,
is admissible in evidence in the proceedings and is, in the absence of evidence to the contrary, conclusive proof of the matters stated in the certificate.
In any proceedings against a person for failing or neglecting duly to furnish a return, a certificate in writing purporting to be signed by the chief executive officer certifying that the return has not been received from that person shall be admissible in evidence in those proceedings and is, in the absence of evidence to the contrary, conclusive proof of the matter stated in the certificate.
In any proceedings against a person for failing or neglecting duly to furnish the chief executive officer with any information required by the chief executive officer in pursuance of section 45, a certificate purporting to be signed by the chief executive officer certifying that —
the accused was so required to furnish the chief executive officer with the information of the nature specified in the certificate; and
the accused failed or neglected duly to furnish the information as and when required by the chief executive officer,
shall be admissible in evidence in those proceedings and is, in the absence of evidence to the contrary, conclusive proof of the matters stated in the certificate.
In any proceedings against a person under this Act, a certificate purporting to be signed by the chief executive officer certifying that a person was registered under this Act as an employer or employee on a specified date or during a specified period shall be admissible in evidence in those proceedings and is, in the absence of evidence to the contrary, conclusive proof of the matters stated in the certificate.
[Section 49 amended: No. 30 of 1989 s. 12; No. 84 of 2004 s. 82; No. 53 of 2011 s. 22.]
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