Commonwealth Consolidated Acts

CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 18

  (1)   In determining an application for a superannuation order in respect of a person, the appropriate court may have regard to the transcript of any proceedings against the person for the offence to which the application relates and to the evidence given in any such proceedings.

  (2)   In an application for a superannuation order, any finding of fact made by a court in any proceedings for the offence to which the application relates, is prima facie evidence of that fact and the finding may be proved by the production of documents, under the seal of the court, in which the finding appears.

  (3)   In an application for a superannuation order in respect of a person, a certificate signed or sealed by the person's superannuation authority:

  (a)   stating that employer contributions or benefits made or payable by the Commonwealth or a specified Commonwealth authority in respect of the person are held in a specified fund under the relevant superannuation scheme; and

  (b)   stating the amount that equals the sum of those contributions or benefits as at the specified day plus the amount of interest on those contributions or benefits accrued under the scheme before that day;

is prima facie evidence of the matters stated in the certificate.

  (4)   In an application for a superannuation order in respect of the person, a certificate signed or sealed by the person's superannuation authority:

  (a)   stating that benefits have been paid to the person under the relevant superannuation scheme; and

  (b)   stating the amount that equals the sum of the benefits so paid as at the specified day; and

  (c)   stating another amount that equals the part of the amount referred to in paragraph   ( b) that is attributable to the sum of the employee contributions paid under the scheme by the person as at the specified day plus the amount of interest on those contributions accrued under the scheme before that day;

is prima facie evidence of the matters stated in the certificate.

  (5)   A document purporting to be sealed with the seal of a court is to be taken to have been lawfully sealed with the seal of that court unless the contrary is proved.

  (6)   A document purporting to be signed or sealed by a person's superannuation authority is to be taken to have been signed or duly sealed by that superannuation authority unless the contrary is proved.