Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.108Evidentiary provisions
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sec.108 Evidentiary provisions
This section applies to a proceeding under this Act or another Act prescribed under a regulation. The appointment of a director of the authority or a person appointed under this Act and the authority of the chairperson of the authority, or another person appointed under this Act, to do anything under this Act must be presumed unless a party, by reasonable notice, requires proof of the appointment or authority. A signature purporting to be the signature of the chairperson or other appointed person is evidence of the signature it purports to be. A certificate purporting to be signed by the general manager stating any of the following matters is evidence of the matter— a stated document is— an appointment or approval or a copy of an appointment or approval; or a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; on a stated day, a stated person was or was not listed in the register of employers or the register of workers; on a stated day, an application for registration as an employer under section 43 had, or had not, been received by the authority; on a stated day, a certificate of service under section 47 (1) (a) or (b) had, or had not, been received by the authority; on a stated day, a stated direction was made or given by the authority. In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. s 108 sub 1994 No. 65 s 35 amd 1998 No. 44 s 3 sch ; 2007 No. 36 s 2 sch (sec.108-ssec.1) This section applies to a proceeding under this Act or another Act prescribed under a regulation. (sec.108-ssec.2) The appointment of a director of the authority or a person appointed under this Act and the authority of the chairperson of the authority, or another person appointed under this Act, to do anything under this Act must be presumed unless a party, by reasonable notice, requires proof of the appointment or authority. (sec.108-ssec.3) A signature purporting to be the signature of the chairperson or other appointed person is evidence of the signature it purports to be. (sec.108-ssec.4) A certificate purporting to be signed by the general manager stating any of the following matters is evidence of the matter— a stated document is— an appointment or approval or a copy of an appointment or approval; or a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; on a stated day, a stated person was or was not listed in the register of employers or the register of workers; on a stated day, an application for registration as an employer under section 43 had, or had not, been received by the authority; on a stated day, a certificate of service under section 47 (1) (a) or (b) had, or had not, been received by the authority; on a stated day, a stated direction was made or given by the authority. (sec.108-ssec.5) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.