Document ID: chunk:federal_register_of_legislation:C2004A01264:clause:1_106s
Version: federal_register_of_legislation:C2004A01264
Segment Type: clause
Provision Reference: sch 1 cl 106S
Character Range: 25769–26441

106S  Burden of proof

  In any proceedings of the kind referred to in subsection 106Q(1) that are brought by the owner of a foreign boat against the Commonwealth to contest a debt for pursuit costs:
 (a) the onus lies on the owner to establish, on the balance of probabilities, that the boat is not forfeited to the Commonwealth; and
 (b) the onus lies on the Commonwealth to establish, on the balance of probabilities:
 (i) that the circumstances set out in subparagraph 106L(1)(b)(i) or (ii) and in paragraph 106L(1)(c) apply in relation to the boat; and
 (ii) that the pursuit costs notified in relation to the boat are reasonable and have been correctly worked out.