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Plant Improvement Act, 1976 (Act No. 53 of 1976)

36. Presumptions and evidence

 

In criminal proceedings under this Act or a scheme—

(a) any plant, propagating material, substance or other article in or upon any premises, place or vehicle at the time a sample thereof is taken pursuant to the provisions of this Act shall, unless the contrary is proved, be deemed to possess the same properties as such sample;
(aA) any sample taken in terms of section 25(1)(e) shall be deemed to be representative of that plant, propagating material, substance or other article from which it was taken unless the contrary is proved;

[Section 36 (aA) inserted by section 28(a) of Act No. 25 of 1996]

(b) [Section 36 (b) deleted by section 28(b) of Act No. 25 of 1996]
(c) a form on which particulars have been entered as contemplated in section 25(2) or (3), shall be accepted as prima facie proof of the facts stated therein;
(d) any statement or entry contained in any book or document kept by or purporting to be issued by any person, or by the manager, agent or employee of such a person, shall be admissible in evidence against such person as an admission of the facts set forth in that statement or entry, unless it is proved 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 work as manager or in the course of his agency or employment;

[Section 36 (d) substituted by section 23 of Act No. 39 of 1983]

(e) an excerpt from or a copy of the varietal list certified as such by the registrar, shall be accepted as prima facie proof of the information contained therein.

[Section 36 (e) inserted by section 28(c) of Act No. 25 of 1996]