Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 65AN

             (1)  If:

                     (a)  proceedings are brought against a person in respect of section 52, paragraph 53(a) or (eb) or paragraph 75AZC(1)(a) or (i); and

                     (b)  the person seeks to rely on a provision of this Division, or of a regulation made under this Division, in the proceedings;

the person bears an evidential burden in relation to the matters set out in the provision on which the person seeks to rely.

             (2)  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.