TELECOMMUNICATIONS ACT 1997 - SECT 295 Burden of proof

TELECOMMUNICATIONS ACT 1997 - SECT 295

  (1)   For the purposes of determining the persuasive burden of proof in proceedings for an offence against Division   2, the exceptions set out in this Division or in Chapter   4 of the Telecommunications (Interception and Access) Act 1979 are taken to be part of the description of the offence.

  (2)   In proceedings for an offence against Division   2, the defendant bears the evidential burden in relation to an exception set out in this Division or in Chapter   4 of the Telecommunications (Interception and Access) Act 1979 .

  (3)   In this section:

"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.