South Australian Current Acts South Australian Current Acts (a1) In proceedings
for an offence against this Act, where it is proven that a person, in the
course of conducting a business, supplied an individual to another person to
undertake work, it will be presumed, in the absence of proof to the contrary,
that the individual is a labour hire worker for the person making the supply.
(1) In any proceedings
an apparently genuine certificate, purporting to be signed by the
Commissioner, stating that a person named in the certificate is an authorised
officer is, in the absence of proof to the contrary, proof that the person is
such an officer.
(2) In any proceedings
an apparently genuine certificate, purporting to be signed by the Minister or
the Commissioner (as the case requires) containing particulars of a delegation
under this Act is, in the absence of proof to the contrary, proof of the
particulars.
(3) In any proceedings
an apparently genuine copy of any book or document, taken by an authorised
officer pursuant to this Act, certified by the Commissioner to be a true copy
of the original is proof of the existence of the original and of its contents.
(4) A finding of fact
made by a court in proceedings under this Act will, in the absence of proof to
the contrary, be accepted as proof of that fact in other proceedings (except
criminal proceedings) under this Act.
(5) A finding to which
subsection (4) applies may be proved by production of a document under
the seal of the court by which the finding was made.
(6) In any proceedings
in which a civil or criminal liability is dependent on a state of mind—
(a) the
state of mind of a director, servant or agent of a body corporate will be
imputed to the body corporate; and
(b) the
state of mind of a servant or agent of a natural person will be imputed to
that person.