Employment Permits Act 2024
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Presumptions in proceedings under Act | ||
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62. (1) The presumptions specified in this section shall apply in any proceedings under this Act. | ||
(2) Where a document purports to have been created by a person it shall be presumed, unless the contrary is shown, that the document was created by that person and that any statement or record contained in it, unless the document expressly attributes its making to some other person, was made by that person. | ||
(3) Where a document purports to have been created by a person and addressed and sent to a second person, it shall be presumed, unless the contrary is shown, that the document or record was created and sent by the first person and received by the second person, and that any statement or record contained in it— | ||
(a) unless the document or record expressly attributes its making to some other person, was made by the first person, and | ||
(b) came to the notice of the second person. | ||
(4) Without prejudice to the generality of subsection (3), where evidence is given that a notice or document has been served on or issued or given to a person in accordance with section 65 , it shall be presumed, unless the contrary is shown, that the notice or document was received by that person and that any statement or record contained in it came to the notice of the person. | ||
(5) Where a document or record is retrieved from an electronic storage and retrieval system, it shall be presumed, unless the contrary is shown, that the author of the document is the person who ordinarily uses that electronic storage and retrieval system in the course of his or her business. | ||
(6) Where an authorised officer who, in the exercise of his or her powers, has removed one or more documents or records from any premises or place, gives evidence in any proceedings that, to the best of his or her knowledge and belief, the material is the property of any person, then the material shall be presumed, unless the contrary is shown, to be the property of that person. | ||
(7) Where, in accordance with subsection (6), material is presumed in proceedings to be the property of a person and the authorised officer concerned gives evidence that, to the best of his or her knowledge and belief, the material is material which relates to any trade, profession, or, as the case may be, other activity, carried on by that person, the material shall be presumed, unless the contrary is proved, to be material which relates to that trade, profession, or, as the case may be, other activity, carried on by that person. |