96Evidentiary provisions

##### 96. Evidentiary provisions (1) In any prosecution or other legal proceedings under this Act, the by‑laws, or the regulations instituted by or on behalf of the Authority, no proof is required (unless evidence is given to the contrary) of — (a) a person’s authorisation to institute the proceedings on behalf of the Authority; or (b) a person’s nomination to represent the Authority in the proceedings; or (c) the appointment of the chief executive officer of, or any employee of, the Authority. (2) The production of — (a) a copy of the *Government Gazette* containing any rule, by‑law, regulation, order, or notice purporting to have been made or given under any of the provisions of this Act, or (b) a copy purporting to be a true copy of any such rule, by‑law, regulation, order, or notice certified as such under the hand of the chief executive officer, or an employee authorised in that behalf, of the Authority, shall be evidence until the contrary is proved of the due making, existence, confirmation, approval and giving of such rule, by‑law, regulation, order or notice and of all preliminary steps necessary to give full force and effect to the same. (3) In any prosecution or legal proceeding for an offence against this Act an averment that any real or personal property — (a) is or forms part of a railway; (b) is held for the purpose of a railway; (c) is used in connection with or belongs to a railway; (d) belongs to, or is under the care, control, and management of, the Authority; (e) is in the possession, custody or control of the Authority, shall be deemed to be proof in the absence of proof to the contrary. [Section 96 inserted: No. 78 of 1948 s. 32; amended: No. 37 of 1957 s. 9; No. 77 of 1980 s. 13; No. 31 of 2003 s. 137 and 139(1).] [**97.** Deleted: No. 31 of 2003 s. 138.]