Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 18/31)
Character Range: 79597–82371

burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof imposed on the defendant.
 (3) In this Code:
legal burden, in relation to a matter, means the burden of proving the existence of the matter.

13.2  Standard of proof—prosecution
 (1) A legal burden of proof on the prosecution must be discharged beyond reasonable doubt.
 (2) Subsection (1) does not apply if the law creating the offence specifies a different standard of proof.

13.3  Evidential burden of proof—defence
 (1) Subject to section 13.4, a burden of proof that a law imposes on a defendant is an evidential burden only.
 (2) A defendant who wishes to deny criminal responsibility by relying on a provision of Part 2.3 (other than section 7.3) bears an evidential burden in relation to that matter.
 (3) A defendant who wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating an offence bears an evidential burden in relation to that matter. The exception, exemption, excuse, qualification or justification need not accompany the description of the offence.
 (4) The defendant no longer bears the evidential burden in relation to a matter if evidence sufficient to discharge the burden is adduced by the prosecution or by the court.
 (5) The question whether an evidential burden has been discharged is one of law.
 (6) In this Code:
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.

13.4  Legal burden of proof—defence
  A burden of proof that a law imposes on the defendant is a legal burden if and only if the law expressly:
 (a) specifies 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.

13.5  Standard of proof—defence
  A legal burden of proof on the defendant must be discharged on the balance of probabilities.

13.6  Use of averments
  A law that allows the prosecution to make an averment is taken not to allow the prosecution:
 (a) to aver any fault element of an offence; or
 (b) to make an averment in prosecuting for an offence that is directly punishable by imprisonment.

Part 2.7—Geographical jurisdiction

Division 14—Standard geographical jurisdiction

14.1  Standard geographical jurisdiction
 (1) This section may apply to a particular offence in either of the following ways:
 (a) unless the contrary intention appears, this section applies to the following offences:
 (i) a primary offence, where the provision creating the offence commences at or after the commencement of