41. Legal proceedings
(1) Any proceedings in respect of an offence against this Act may be taken in the name of the Board by the Registrar or any other person authorised in that behalf by the Board.
(2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate.
(3) No proof shall be required of the appointment of any member of the Board, or any person to take proceedings in the name of the Board, but an averment in the prosecution notice that the person is so authorised shall be deemed to be proved in the absence of evidence to the contrary.
(4) It shall not be necessary in any proceedings for an offence against this Act for the prosecution to prove that the accused received any remuneration or reward in connection with the act, matter, or thing complained of, or that any offence was committed with a view to enabling the accused to practise podiatry or to claim the privileges conferred by this Act on a podiatrist.
(5) When any person is charged under this Act with doing any act or thing which it is unlawful for him to perform it shall be sufficient for the prosecution to allege that the person is not entitled under this Act to do that act or thing and the burden of proof that he is so entitled rests on the accused.
(6) In all courts and before all persons and bodies authorised to receive evidence ¾
(a) a certificate in the prescribed form purporting to be issued on behalf of the Board and stating that any person was or was not registered, or that the registration of a person was suspended, on any date or dates or during any period mentioned in the certificate, is evidence of the matters so stated;
(b) a copy of or extract from the Register, or any writing that purports to reproduce matters entered in the Register and recorded or stored by means of mechanical, electronic or other device, certified as a true copy or as a true extract by the Registrar, is evidence of the facts appearing therein;
(c) judicial notice shall be taken of the signature on the certificate and on the copy of or extract from the Register, which shall be presumed to have been duly authorised, and of the fact that the person by whom the signature was given was so authorised at the time of signing.
(7) Where a body corporate is convicted of an offence against this Act, every person who at the time of the commission of the offence was a director or member of the governing authority of the body corporate or an officer concerned in the management of it and who authorised or permitted the commission of the offence is guilty of the like offence.
(8) A person referred to in subsection (7) may, on the request of the prosecutor, be convicted on the proceedings on which the body corporate is convicted if the court is satisfied that the person had reasonable notice that the prosecutor intended to make that request.
[Section 41 amended by No. 59 of 2004 s. 141; No. 84 of 2004 s. 80 and 82.]