South Australian Numbered Acts

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WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 111

111—Evidence

        (1)         If, in any legal proceedings, a person is alleged to have held a specified appointment under this Act at a specified time, the allegation is taken to have been proved in the absence of proof to the contrary.

        (2)         In any legal proceedings, an apparently genuine document purporting to be a certificate of the Commission certifying—

            (a)         that a person was or was not the holder of a licence at a specified date or as to the particulars or conditions of a licence; or

            (b)         as to the giving, issuing, receipt or contents of an order, direction, delegation, exemption, approval, authorisation, notice or assurance by the Commission,

constitutes proof of the matters so certified in the absence of proof to the contrary.

        (3)         An apparently genuine document purporting to be a certificate of the Commission certifying as to a person's status as a customer of a prescribed class, in relation to a specified time and place, constitutes proof of the matters so certified in the absence of proof to the contrary.

        (4)         In any legal proceedings, an apparently genuine document purporting to be a certificate of the Technical Regulator certifying as to the giving, issuing, receipt or contents of a direction, requirement, delegation, exemption, approval, authorisation, notice or assurance by the Technical Regulator, constitutes proof of the matters so certified in the absence of proof to the contrary.

        (5)         In any legal proceedings, an apparently genuine document purporting to be a certificate of an authorised officer certifying as to the giving and contents of a direction by the officer under this Act, constitutes proof of the matters so certified in the absence of proof to the contrary.

        (6)         If, in any legal proceedings, a person is alleged to have acted without proper authority or a specified approval required under this Act, the absence of such authority or approval will be presumed in the absence of proof that such authority or approval in fact existed or had been given.

        (7)         In any legal proceedings, a plan purporting to be certified by a water industry entity and to delineate the position of any equipment, plant or drain connected to any water/sewerage infrastructure constitutes proof of the matters so certified in the absence of proof to the contrary.

        (8)         In any legal proceedings, an apparently genuine document purporting to be a certificate of a water industry entity to the effect—

            (a)         that on and from a day specified in the certificate the water industry entity was prepared to supply water by means of a direct service to land specified in the certificate; or

            (b)         that on and from a day specified in the certificate land specified in the certificate could, in the opinion of the water industry entity, by means of drains or other infrastructure, be drained or serviced by a sewer,

constitutes proof of the matters so certified in the absence of proof to the contrary.

        (9)         In any legal proceedings, an apparently genuine document purporting to be a copy or extract of a register of readings of meters maintained by the water industry entity and to be certified to be true by the water industry entity constitutes proof of the quantity of water taken or consumed in the absence of proof to the contrary.



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