| (1) |
If in any prosecution in terms of this Act it is proved that— |
| (a) |
any message or communication, including a visual presentation, was placed on any distributed network, including the Internet, by means of the access provided or granted to a registered subscriber or user, it shall be presumed, in the absence of evidence to the contrary which raises reasonable doubt, that it was so placed by the registered subscriber or user; |
| (b) |
access was gained or attempted to be gained to child pornography on a distributed network, including the Internet, by means of the access provided or granted to a registered subscriber or user, it shall be presumed, in the absence of evidence to the contrary which raises reasonable doubt, that such access was gained or attempted to be gained by the registered subscriber or user. |
| (2) |
If in any prosecution it is necessary to prove that— |
| (a) |
any application for registration or classification in terms of this Act has or has not been made to the Board; |
| (b) |
any film, game or publication has or has not been submitted to the Board in terms of this Act; or |
[Section 30B(2)(b) substituted by section 34 of Notice No. 876, GG 32534, dated 28 August 2009]
| (c) |
any decision or classification has or has not been made or that any restriction or condition has or has not been imposed by the Board in terms of this Act; or |
| (d) |
a certificate of exemption has or has not been issued, granted, withdrawn, cancelled or suspended by the Board; or |
| (e) |
a decision or classification of the Board has or has not been suspended by the Appeal Tribunal, |
a certificate, issued under the authority of the executive committee of the Board, shall, upon its mere production, be prima facie proof of such fact.
[Section 30B inserted by section 16 of Notice No. 1296, GG 26950, dated 2 November 2004]
Statistics Act, 1999
