MEDICAL PRACTITIONERS ACT 2008 - SECT 155
This legislation has been repealed.
MEDICAL PRACTITIONERS ACT 2008 - SECT 155
155 . Legal proceedings
(1) Any proceedings
for an offence against this Act may be taken in the name of the Board by the
registrar or any other person authorised in that behalf by the Board.
(2) All proceedings
for offences against this Act are to be heard by a court of summary
jurisdiction constituted by a magistrate.
(3) In any proceedings
no proof is required of —
(a) the
appointment of a member or deputy of a member of the Board or a member of a
committee; or
(b) the
authorisation of a person under subsection (1),
but an averment in a
prosecution notice that the person is so appointed or authorised is to be
taken to be proved in the absence of evidence to the contrary.
(4) In all courts and
before all persons and bodies authorised to receive evidence, in the absence
of evidence to the contrary —
(a) a
certificate purporting to be issued on behalf of the Board and stating that a
person was or was not registered by the Board, the conditions to which a
registration was subject, or that a person was suspended from the practice of
medicine, on any day or days or during a period mentioned in the certificate,
is evidence of the matters so stated; and
(b) a
copy of or extract from a register or any statement that purports to reproduce
matters entered in the register that is certified by the registrar as a true
copy, extract or statement, is evidence of the facts appearing in that copy,
extract or statement; and
(c)
judicial notice is to be taken of the fact that a person is the holder of the
office of registrar and of the signature of the registrar on a certificate
purporting to be issued under paragraph (b).
(5) A notice or
appointment purporting to be signed by the chairperson or a person referred to
in section 79(6)(b) is to be presumed to be duly signed until the contrary is
shown.