Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 139A

Evidence

  (1)   The Secretary may, by writing signed by the Secretary, certify that, during a period or on a date specified in the certificate:

  (a)   any premises were or were not an approved hospital for the purposes of this Act;

  (d)   a medical practitioner was or was not authorized under section   88 to write a prescription for the supply of pharmaceutical benefits or was or was not authorized under section   93 to supply pharmaceutical benefits specified in the certificate;

  (da)   a dental practitioner was or was not approved as a participating dental practitioner under section   84A;

  (db)   a person was or was not an authorised optometrist under section   84AAB;

  (dc)   a person was or was not an authorised midwife under section   84AAF;

  (dd)   a person was or was not an authorised nurse practitioner under section   84AAJ;

  (de)   a person was or was not authorised under section   93, 93AA or 93AB to supply pharmaceutical benefits specified in the certificate;

  (e)   a person was or was not approved under section   90 for the purpose of supplying pharmaceutical benefits at premises specified in the certificate;

  (f)   a medical practitioner was or was not approved under section   92 for the purpose of supplying pharmaceutical benefits to persons in an area specified in the certificate;

  (g)   a hospital authority was or was not approved under section   94 for the purpose of its supplying pharmaceutical benefits to patients receiving treatment in or at a hospital specified in the certificate.

  (1A)   The Secretary may, by writing signed by the Secretary, certify:

  (a)   that a document annexed to the certificate is a true copy of a determination by the Minister under this Act or of any other document made or issued under this Act;

  (b)   that:

  (i)   a document annexed to the certificate is a true copy of a determination by the Minister under this Act or of any other document made or issued under this Act; and

  (ii)   the determination or other document of which the annexed document is certified to be a true copy had effect during a period or on a date specified in the certificate; or

  (c)   that:

  (i)   the document annexed to the certificate is a true copy of an approval, determination, certificate or variation that has or had effect as if it were given or made under this Act; and

  (ii)   the approval, determination, certificate or variation had such effect during the period or on a date specified in the certificate.

  (2)   In proceedings under this Act, in a prosecution for an offence against a law of the Commonwealth and in an investigation or inquiry conducted or made under this Act, a certificate purporting to have been given under this section:

  (a)   is prima facie evidence of the facts stated in the certificate; and

  (b)   shall, unless the contrary is proved, be deemed to have been given by the person purporting to give the certificate.


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