Document ID: chunk:federal_register_of_legislation:C2019A00123:clause:1_20
Version: federal_register_of_legislation:C2019A00123
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 17586–18690

20  Subsection 26FEG(4)
Repeal the subsection, substitute:

Presumptions
 (4) For the purposes of this section and section 26FEGA, fuel oil carried on board a ship is presumed to be carried for use on board the ship as fuel unless the contrary is proved.
Note: A defendant bears a legal burden in relation to proving the contrary: see section 13.4 of the Criminal Code.
 (5) For the purposes of subsection (1) of this section, the result mentioned in paragraph (1)(b) is presumed to occur in one of the circumstances mentioned in paragraph (1)(d) unless it is proved that the result did not occur in any of those circumstances.
Note: A defendant bears a legal burden in relation to proving that the result did not occur in any of those circumstances: see section 13.4 of the Criminal Code.
 (6) For the purposes of subsection (2) of this section, each subparagraph in paragraph (2)(b) is presumed to apply unless it is proved that the subparagraph does not apply.
Note: A defendant bears a legal burden in relation to proving that the subparagraph does not apply: see section 13.4 of the Criminal Code.