Northern Territory Consolidated Acts

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ASSOCIATIONS ACT 2003 - SECT 113

Evidentiary provisions

    (1)     For this Act and in proceedings under or arising out of this Act:

        (a)     a document purporting to be signed by the Director and purporting to be a certificate of incorporation of an association is, unless the contrary is proved, to be taken to be proof of the incorporation of the association on the date specified in the instrument; and

        (b)     a document purporting to be a copy of a document registered by or filed with the Director under this Act and certified by the Director to be a true copy of a document of that type is, unless the contrary is proved, to be taken to be a true copy of the document; and

        (c)     a document purporting to be a copy of, or extract from, a record kept by an incorporated association and purporting to be verified by an officer of the association authorised by the committee of the association for the purpose is, unless the contrary is proved, to be taken to be a true copy of, or extract from, the document; and

        (d)     a document purporting to bear the common seal of an incorporated association is, unless the contrary is proved, to be taken to have been properly executed by the association.

    (2)     For this Act and in proceedings under or arising out of this Act, a certificate purporting to be signed by the Director and certifying any of the following is, unless the contrary is proved, to be taken to be proof of the matter certified:

        (a)     at a date or during a period specified in the certificate an association was or was not incorporated under this Act by a name specified in the certificate;

        (b)     an incorporated association has or has not complied with a requirement of this Act as to the filing of a document or return or the giving of notice;

        (c)     an incorporated association has altered its name in the manner specified in the certificate, including the dates on which the alteration was registered by the Director;

        (d)     an incorporated association has been or is being wound up, including the date on which the winding up commenced and (if applicable) the date on which the association was dissolved;

        (e)     associations amalgamated to form an incorporated association specified in the certificate, including the date of the incorporation of the amalgamated association.

    (3)     In proceedings for an offence against this Act, an allegation in the complaint or information as follows is, in the absence of proof to the contrary, to be accepted as proved:

        (a)     an association is or was at a specified time incorporated under this Act;

        (b)     an association is or was at a specified time a prescribed association;

        (c)     the defendant is or was at a specified time an officer of an incorporated association named in the complaint or information;

        (d)     a meeting of the members required by a specified provision of this Act to be held has not been held as required by that provision.

    (4)     Judicial notice must be taken of the signature of the Director appearing on a certificate under subsection (1) and of the fact that the person by whom the certificate purports to have been signed is the Director.



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