Section 9: Evidence
consolidated text (as at 2015, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
9. Evidence
(1) It shall be presumed upon the trial of any person for a contravention
of section 3 (1) that the accused is a non-citizen unless the contrary is
proved.
N35 – 5 [Issue 7]
(2) It shall be presumed upon the trial of any person for a contravention
of section 3 (3) that the person alleged to have been in employment in contravention of that subsection is a non-citizen unless the contrary is proved.
(3) In any proceedings against a non-citizen under this Act, the proof that
he satisfies the requirements of sections 3 (5) (a) and (b) shall lie upon him.
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Questions this section answers
- If I'm accused of employing someone without a permit, who has to prove whether they are a non-citizen?
- Who has to prove I qualify for the 1973 resident exemption if I claim it?