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Allied Health Professions Act, 1982 (Act No. 63 of 1982)

Chapter 4 : Offences, penalties and other judicial matters

35. Presumptions

 

(1) At any criminal proceedings against any person appearing upon a charge of having performed any act which constitutes an offence under this Act if performed by a person who is not registered as a practitioner in a particular profession, the accused shall be deemed not to have been so registered at the time of the commission of the alleged offence, unless the accused proves the contrary.

 

(2) At any criminal proceedings against any person appearing upon a charge of having performed any act which constitutes an offence under this Act if performed by him for gain, that person shall be deemed to have performed that act for gain if he has accepted, whether for himself or for any other person, any valuable consideration in respect of the said act.

 

(3) When any person is charged with a contravention of any provision of the Health Professions Act, 1974 (Act No. 56 of 1974), and it is alleged that any act was at the commencement of this Act usually performed by persons who practise any profession to which this Act relates in the Republic, the onus of proving it shall be on the person alleging it.

[Section 35(3) substituted by section 31 of Act No. 50 of 2000]