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CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 44

CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 44

44—Evidentiary provision

        (1)         In any proceedings under this Act, a certificate purporting to be under the seal of the Board certifying that—

            (a)         the person named in the certificate was at the time or during the period specified in the certificate an employer; or

            (b)         the employer named in the certificate was liable to pay a contribution in respect of the period specified in the certificate; or

            (c)         an assessment of the remuneration paid by an employer during a particular period has been duly made; or

            (d)         the particulars of the assessment are as stated in the certificate; or

            (e)         notice of an assessment has been served on an employer; or

            (f)         the amount specified in the certificate was at the date of the certificate payable by the employer named in the certificate,

will, in the absence of evidence to the contrary, be proof of the matters stated in the certificate.

        (2)         In any proceedings against a person for failing to furnish a return under this Act, a certificate purporting to be under the seal of the Board certifying that the return was not received before the expiration of the period within which it was required to be furnished will, in the absence of evidence to the contrary, be proof that the defendant failed duly to furnish the return.

        (3)         In any proceedings against a person for failing to furnish the Board with information required by the Board under this Act, a certificate purporting to be under the seal of the Board certifying that—

            (a)         the defendant was required to furnish the Board with the information of the nature specified in the certificate within the period specified in the certificate; and

            (b)         the defendant failed duly to furnish the information as and when required by the Board,

will, in the absence of evidence to the contrary, be proof that the defendant failed duly to furnish the information.