Australian Capital Territory Consolidated Acts

PROHIBITED WEAPONS ACT 1996 - SECT 3A

    (1)     For this Act, a person is not taken to have possession of a prohibited weapon or prohibited article only because the weapon or article is at premises owned, leased or occupied by the person if—

        (a)     the person does not know that the weapon or article is at the premises; or

        (b)     someone else who is authorised to possess the weapon or article—

              (i)     is also at the premises; or

              (ii)     has the care, control or management of the weapon or article; or

        (c)     someone else who is not authorised to possess the weapon or article has the care, control or management of the weapon or article; or

        (d)     the trier of fact is otherwise satisfied that the person was not in possession of the weapon or article.

    (2)     To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a matter mentioned in subsection (1) has the evidential burden in relation to the matter.