Australian Capital Territory Consolidated Acts

CRIMINAL CODE 2002 - SECT 59

A burden of proof that a law imposes on the defendant is a legal burden only if the law expressly—

        (a)     provides that the burden of proof in relation to the matter in question is a legal burden; or

        (b)     requires the defendant to prove the matter; or

        (c)     creates a presumption that the matter exists unless the contrary is proved.

Example for par (b)

The XYZ Act 2002 , section 10 (1) creates an offence of exhibiting a film classified ‘R' to a child. Section 10 (2) provides—

    (2)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed on reasonable grounds that the child was an adult.

Section 10 (2) provides a defence to an offence against section 10 (1). A defendant who wishes to rely on the defence has a legal burden of proving that the defendant believed on reasonable grounds that the child was an adult.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).