Intellectual Property Rights from Publicly Financed Research and
R 385
Liquor Products Act, 1989 (Act No. 60 of 1989)24. Presumptions and evidence |
In any prosecution under this Act—
| (a) | it shall be presumed, in the absence of evidence to the contrary that raises a reasonable doubt, that the applicable provisions of this Act or a scheme apply to the product in respect of which the offence concerned has allegedly been committed; |
| (b) | any quantity of a liquor product, material, substance or other article in or upon any place, premises or conveyance when a sample thereof is taken in accordance with the provisions of this Act shall, in the absence of evidence to the contrary that raises a reasonable doubt, be deemed to be of the same composition as that sample, and to possess in all other respects the same properties as that sample; |
| (c) | a certificate referred to in section 20(3) in which the result of a test, examination or analysis ca6ied out in terms of section 20(2) is recorded, and which purports to be signed by the analyst who carried out that test, examination or analysis, shall be accepted as prima facie proof of the facts mentioned therein; |
| (d) | any statement or entry contained in any book or document kept by any person or the manager, agent or employee of such person, or found in or upon any place or premises occupied by, or any vehicle used in the business of, such person, shall be admissible in evidence against him or her as an admission of the facts set forth in that statement or entry, unless evidence to the contrary that raises a reasonable doubt is adduced that such statement or entry was not made by such person, or by the manager, agent or employee of such person in the course of his or her work as manager or in the course of his or her agency or employment; and |
| (e) | it shall be presumed, in the absence of evidence to the contrary that raises a reasonable doubt, that a permit, authorization, consent, approval, certificate or other document has not been issued, given or granted to any person who in terms of this Act or a scheme is required to be in possession thereof. |
[Section 24(a), (b), (d) and (e) substituted by section 14 of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
