Can't say for sure, but here's my observations.
Replaced my brake lever because it was rashed up and slightly bent, wrecked before I bought the bike. Both the original and the replacement have the pad turned at a slight angle. Seems I recall looking around at others and they're all like this, but I could have forgotten by now. It would take a lot of force to twist the pad, which should also be enough to deform the pad itself.
There's the wire toe guard between the pad and exhaust, my wrecked one had been smashed into the pipe causing a nice long crease. Yours seems to be in the correct alignment and spacing. However it does look somewhat close to the pipe farther back, but it's hard to see in the pic.
I covered the pad with one of those Kury ISO chrome/black rubber pads, $8 on ebay, so it doesn't look so angled. Much better feel using the brake, I felt like the factory pad is better suited for a minibike. In fact it's almost identical to a Honda CT70, at least in pad size.