sec.43Facilitation of proof

sec.43 Facilitation of proof

In any proceedings under or for the purposes of this Act— it shall not be necessary to prove the appointment of the chief executive or of any inspector or other officer appointed under this Act; a signature purporting to be that of the Minister or of the chief executive or of any inspector or other officer appointed under this Act shall be taken to be the signature it purports to be until the contrary is proved; it shall not be necessary to prove the limits of any city or town or part of the State specified, or of any locality or street nominated, under or for the purposes of this Act, but this paragraph shall not prejudice the right of any defendant to prove those limits; a document purporting to be signed by the chief executive or by a prescribed person and purporting to be a copy of or extract from any entry in the register of charities under this Act or purporting to be a copy of any application, certificate, determination, sanction, order, direction, request, or requirement under this Act shall, upon its production in evidence be evidence of the matters contained therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof; a document purporting to be signed by the chief executive and stating that at any specified time there was or there was not in force a sanction under this Act as stated therein, or that any sanction was or was not issued subject to conditions, shall upon its production in evidence be evidence of the matters contained in that document and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters; the allegation in the indictment or complaint that any association is or is not a charity, or association whose objects are a community purpose, or that any specified purpose is or is not a charitable purpose or community purpose or a purpose to which part 3 applies or that any charity is or is not registered as such under this Act or that an appeal for support for a purpose specified or that a specified person made or caused to be made or assisted in making or took part in an appeal for support specified shall be evidence of the matter alleged and, in the absence of evidence in rebuttal thereof, shall be conclusive such evidence; a document purporting to be signed by the chief executive stating that at a specified time or during a specified period there was or was not in force an authority under this Act, as described in the document, issued to a specified person and that such authority was or was not subject to the terms, conditions or restrictions set out in the document shall, upon its production, be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters contained in that document; an allegation or averment in the indictment or complaint that at the time when a person committed the act or acts of which the complaint is made that person was not acting in connection with an appeal for support to which this Act is expressed not to apply shall be evidence, and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment. Any determination, approval, registration, sanction, assignment, nomination, requirement, direction, order, or other act of authority, made, given, or issued by the Minister under or for the purposes of this Act may be notified by the Minister in the gazette and thereupon the same shall be judicially noticed. s 43 amd 1981 No. 34 s 16 ; 1989 No. 103 s 3 sch ; 1990 No. 80 s 3 sch 6 ; 2000 No. 5 s 461 sch 3 (sec.43-ssec.1) In any proceedings under or for the purposes of this Act— it shall not be necessary to prove the appointment of the chief executive or of any inspector or other officer appointed under this Act; a signature purporting to be that of the Minister or of the chief executive or of any inspector or other officer appointed under this Act shall be taken to be the signature it purports to be until the contrary is proved; it shall not be necessary to prove the limits of any city or town or part of the State specified, or of any locality or street nominated, under or for the purposes of this Act, but this paragraph shall not prejudice the right of any defendant to prove those limits; a document purporting to be signed by the chief executive or by a prescribed person and purporting to be a copy of or extract from any entry in the register of charities under this Act or purporting to be a copy of any application, certificate, determination, sanction, order, direction, request, or requirement under this Act shall, upon its production in evidence be evidence of the matters contained therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof; a document purporting to be signed by the chief executive and stating that at any specified time there was or there was not in force a sanction under this Act as stated therein, or that any sanction was or was not issued subject to conditions, shall upon its production in evidence be evidence of the matters contained in that document and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters; the allegation in the indictment or complaint that any association is or is not a charity, or association whose objects are a community purpose, or that any specified purpose is or is not a charitable purpose or community purpose or a purpose to which part 3 applies or that any charity is or is not registered as such under this Act or that an appeal for support for a purpose specified or that a specified person made or caused to be made or assisted in making or took part in an appeal for support specified shall be evidence of the matter alleged and, in the absence of evidence in rebuttal thereof, shall be conclusive such evidence; a document purporting to be signed by the chief executive stating that at a specified time or during a specified period there was or was not in force an authority under this Act, as described in the document, issued to a specified person and that such authority was or was not subject to the terms, conditions or restrictions set out in the document shall, upon its production, be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters contained in that document; an allegation or averment in the indictment or complaint that at the time when a person committed the act or acts of which the complaint is made that person was not acting in connection with an appeal for support to which this Act is expressed not to apply shall be evidence, and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment. (sec.43-ssec.2) Any determination, approval, registration, sanction, assignment, nomination, requirement, direction, order, or other act of authority, made, given, or issued by the Minister under or for the purposes of this Act may be notified by the Minister in the gazette and thereupon the same shall be judicially noticed.