South Australian Consolidated Acts South Australian Consolidated Acts (1) In any proceedings
an apparently genuine certificate, purporting to be signed by the Minister,
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.
(5) Where the
Commissioner institutes, defends or assumes the conduct of proceedings on
behalf of a consumer, all preconditions of that action required by this Act
will, in the absence of proof to the contrary, be taken to have been
satisfied.
(6) 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.
(7) In any proceedings
an apparently genuine document purporting to be certified by the Commissioner
as a true copy of an assurance given by a trader and accepted by the
Commissioner under Division 2 is, in the absence of proof to the contrary,
proof of the contents of the assurance and proof that the trader gave the
assurance and that the Commissioner accepted it.
(8) 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.
(9) A finding to which
subsection (8) applies may be proved by production of a document under
the seal of the court by which the finding was made.
(10) 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.