Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_88d
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 88D
Character Range: 79926–80678

88D  Proof of discriminatory conduct
 (1) This clause applies if, in proceedings for an offence of contravening subclause 88(2), the prosecution:
 (a) proves that the discriminatory conduct was engaged in; and
 (b) proves that a circumstance referred to in clause 88B existed at the time the discriminatory conduct was engaged in; and
 (c) adduces evidence that the discriminatory conduct was engaged in for a prohibited reason.
 (2) The reason alleged for the discriminatory conduct is presumed to be the dominant reason for that conduct unless the defendant proves that the reason was not the dominant reason for the conduct.
Note: A defendant bears a legal burden in relation to the matter in subclause (2) (see section 13.4 of the Criminal Code).