Document ID: chunk:federal_register_of_legislation:C2024C00557:section:73a:p2
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 73A (pt 2/2)
Character Range: 235463–236337

State applies in relation to the potential State contravention.
 (8) However:
 (a) the first person may rely on an exception, exemption, excuse, qualification or justification referred to in subsection (7) if the exception, exemption, excuse, qualification or justification does not involve determining the first person's state of mind; and
 (b) if the first person wishes to rely on such an exception, exemption, excuse, qualification or justification, the first person bears an evidential burden in relation to that matter.
Note: For evidential burden, see subsection 4(1) of this Act.
 (9) To avoid doubt, nothing in subsection (7) or (8) is intended to exclude the operation of Part 2.3 of the Criminal Code or section 154D of this Act (mistake of fact in relation to contraventions of civil penalty provisions) in relation to an alleged contravention of subsection (1).