CTHIn ForceAct
Insurance Contracts Act 1984
75UExceptions etc. to civil penalty provisions—burden of proof
Start here
Get a plain-English read of 75U
Turn the raw legal text into a practical explanation grounded in Insurance Contracts Act 1984.
#### 75U Exceptions etc. to civil penalty provisions—burden of proof
(1) If, in proceedings for a declaration of contravention or a pecuniary penalty order against a person for a contravention of a civil penalty provision, the person wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating the civil penalty provision, then the person bears an evidential burden in relation to that matter.
(2) In subsection (1), evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.