Commonwealth Numbered Acts

Bank Account Debits Tax Administration Act 1982 No. 142 of 1982 - SECT 52

52. (1) In a prosecution, an averment of the prosecutor or plaintiff contained
in the information is prima facie evidence of the matter averred.

(2) This section applies to any matter so averred although-

   (a)  evidence in support or rebuttal of the matter averred or of any other
        matter is given; or

   (b)  the matter averred is a mixed question of law and fact, but, where the
        matter is a mixed question of law and fact, the averment is evidence
        of the fact only.

(3) Any evidence given in support or rebuttal of a matter so averred shall be
considered on its merits, and the credibility and probative value of that
evidence shall be neither increased nor diminished by reason of this section.

(4) This section-

   (a)  does not apply to an averment of the intent of a defendant; and

   (b)  does not lessen or affect any onus of proof otherwise falling on a
        defendant.