NSWIn ForceAct
Food Act 2003
126Onus to prove certain matters on defendant
Start here
Get a plain-English read of 126
Turn the raw legal text into a practical explanation grounded in Food Act 2003.
126 Onus to prove certain matters on defendant
126 Onus to prove certain matters on defendant
In any proceedings for an offence under this Act or the regulations against a defendant who was responsible for making a statement on a package or in an advertisement relating to the origin or composition of the food in question or the therapeutic or nutritive properties of the food, being a statement that is alleged to have caused the food to be falsely described, the onus of proving the correctness of the statement is on the defendant.