Immigration Advisers Licensing Act 2007

  • This version was reprinted on 20 May 2016 to make corrections to sections 8(3), 9(2), 10(c), 12(6), 16(a), 47(2)(a), 67(4), 79(c), 89(3), 90(3)(b), and 92(8)(b)(i) and (10)(c) under section 25(1)(i), (j)(ii) and (j)(iii) of the Legislation Act 2012.
74 Presumption as to non-exemption

(1)

In proceedings for an offence under any of sections 63(1)(a), 64(1), 67(1)(a), and 68(1)(a), it is presumed, in the absence of evidence to the contrary, that the person alleged to be neither licensed nor exempt is not in fact exempt from the requirement to be licensed.

(2)

In proceedings for an offence under section 63(1)(b), 67(1)(b), or 68(1)(b), it is presumed, in the absence of proof to the contrary to the standard of the balance of probabilities, that the person alleged to be neither licensed nor exempt from the requirement to be licensed is not in fact exempt.