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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

23. Proof and presumptions

 

 

In any prosecution under this Act--

a) a copy of or extract from a book, statement or other document, made by an inspector under section 9(1)(e) and certified by him to be true and correct, shall, unless the contrary is proved, be presumed to be a true and correct copy of or extract from the relevant book, statement or other document, and shall on its production in court be prima facie proof of any entry to which it relates;
b) a certificate or report on the analysis or examination of a sample and purporting to be signed by an analyst, shall on its production in court be prima facie proof of the facts stated in it;
c) any quantity of a substance in or upon any premises at the time a sample of it is obtained by an inspector for the purpose of this Act, shall, unless the contrary is proved, be presumed to be in the same condition or possess the same properties as such sample;
d) a sample of a substance obtained by an inspector for analysis or examination in terms of this Act, shall be presumed to have been sold to him by the person selling the substance of which it is a sample;
e) if it is proved that any person has manufactured or imported any grouped hazardous substance it shall be presumed, unless the contrary is proved, that he manufactured or imported it for use in the Republic;
f) any substance, appliance or other object found in or upon any premises where any grouped hazardous substances manufactured, treated, packed, labelled, stored, conveyed, applied, used, operated or administered, shall, unless the contrary is proved, be presumed to be used for, in or in connection with the manufacture, treatment, packing, labelling, storage, conveyance, application, use, operation or administration of such grouped hazardous substance;
g) any person who sells, manufactures or imports any substance which contains any grouped hazardous substance or in or on which any grouped hazardous substance is present, shall be presumed to sell, manufacture or import, as the case may be, such grouped hazardous substance.