Australian Capital Territory Current 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.