Document ID: chunk:federal_register_of_legislation:C2015A00012:clause:2_18:p3
Version: federal_register_of_legislation:C2015A00012
Segment Type: clause
Provision Reference: sch 2 cl 18 (pt 3/3)
Character Range: 29307–30071

conduct constituting the offence, the person was under a mistaken but reasonable belief that the conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory; and
 (b) had the conduct been so justified or excused—the conduct would not have constituted the offence.
Note: A defendant bears an evidential burden in relation to the matter in paragraph (a) (see subsection 13.3(3)).

361.6  Double jeopardy
  A person punished for an offence against this Division in respect of particular conduct cannot be punished for an offence against section 233BAB of the Customs Act 1901 in respect of that conduct.
Note: A similar provision for the opposite case is set out in subsection 233BAB(7) of the Customs Act 1901.

Customs Act 1901