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Associations Act 2003
113Evidentiary provisions
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113 Evidentiary provisions
(1) For this Act and in proceedings under or arising out of this Act:
(a) a document purporting to be signed by the Director and
purporting to be a certificate of incorporation of an association
is, unless the contrary is proved, to be taken to be proof of the
incorporation of the association on the date specified in the
instrument; and
(b) a document purporting to be a copy of a document registered
by or filed with the Director under this Act and certified by the
Director to be a true copy of a document of that type is, unless
the contrary is proved, to be taken to be a true copy of the
document; and
(c) a document purporting to be a copy of, or extract from, a
record kept by an incorporated association and purporting to
be verified by an officer of the association authorised by the
committee of the association for the purpose is, unless the
contrary is proved, to be taken to be a true copy of, or extract
from, the document; and
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(d) a document purporting to bear the common seal of an
incorporated association is, unless the contrary is proved, to
be taken to have been properly executed by the association.
(2) For this Act and in proceedings under or arising out of this Act, a
certificate purporting to be signed by the Director and certifying any
of the following is, unless the contrary is proved, to be taken to be
proof of the matter certified:
(a) at a date or during a period specified in the certificate an
association was or was not incorporated under this Act by a
name specified in the certificate;
(b) an incorporated association has or has not complied with a
requirement of this Act as to the filing of a document or return
or the giving of notice;
(c) an incorporated association has altered its name in the
manner specified in the certificate, including the dates on
which the alteration was registered by the Director;
(d) an incorporated association has been or is being wound up,
including the date on which the winding up commenced and (if
applicable) the date on which the association was dissolved;
(e) associations amalgamated to form an incorporated
association specified in the certificate, including the date of the
incorporation of the amalgamated association.
(3) In proceedings for an offence against this Act, an allegation in the
complaint or information as follows is, in the absence of proof to the
contrary, to be accepted as proved:
(a) an association is or was at a specified time incorporated under
this Act;
(b) an association is or was at a specified time a prescribed
association;
(c) the defendant is or was at a specified time an officer of an
incorporated association named in the complaint or
information;
(d) a meeting of the members required by a specified provision of
this Act to be held has not been held as required by that
provision.
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(4) Judicial notice must be taken of the signature of the Director
appearing on a certificate under subsection (1) and of the fact that
the person by whom the certificate purports to have been signed is