Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1317ad:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1317AD (pt 2/2)
Character Range: 5508427–5509605

is under a duty to prevent the third person engaging in the detrimental conduct, or a duty to take reasonable steps to ensure that the third person does not engage in the detrimental conduct; and
 (e) the first person fails in part or whole to fulfil that duty.

Burden of proof
 (2B) In proceedings where a person seeks an order under section 1317AE in relation to another person:
 (a) the person seeking the order bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters in:
 (i) if subsection (1) of this section applies—paragraph (1)(a); or
 (ii) if subsection (2) of this section applies—paragraph (1)(a), as mentioned in paragraph (2)(b); or
 (iii) if subsection (2A) of this section applies—paragraphs (2A)(a) and (d); and
 (b) if that onus is discharged—the other person bears the onus of proving that the claim is not made out.

Threats
 (3) For the purposes of this section, a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (4) In proceedings for the purposes of section 1317AE, it is not necessary to prove that the person threatened actually feared that the threat would be carried out.