Section 524: presumption as to assets, books of account, etc.

What may be presumed when items are found during a search or survey

Where books of account, other documents, money, bullion, jewellery, a virtual digital asset or other valuable article or thing, or information in electronic form or on a computer system, is found in the possession or control of a person during a search under section 247 or a survey under section 253, it may, in any proceeding under this Act, be presumed:

• That such books of account, documents, money, bullion, jewellery, virtual digital asset, other valuable article or thing, information or computer system belong or belongs to that person
• That the contents of such books of account and documents, or such information or computer system, are true
• That the signature and every other part of such books of account and documents which purports to be in the handwriting of a particular person, or which may reasonably be assumed to be signed by, or to be in the handwriting of, a particular person, is in that person's handwriting
• For a stamped, executed or attested document, that it was duly stamped and executed or attested by the person by whom it purports to have been so executed or attested
• That an exchange of such information in electronic form, or on such computer system, purported to be exchanged between parties, was in fact exchanged between those parties

Extension to requisitioned material

Where books of account, other documents or assets have been delivered to the requisitioning officer under section 248, the same presumptions apply as if those items had been found in the possession or control of the person referred to in section 248(1)(a), (b) or (c) during a search under section 247.

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