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Migration Act 1958
236DBurden and standard of proof in relation to age
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236D Burden and standard of proof in relation to age
If, in proceedings relating to an offence against this Subdivision:
(a) the defendant claims to have been aged under 18 at the time the offence was alleged to have been, or was, committed, and
(b) the prosecution disputes this claim;
the prosecution bears the burden of proving, on the balance of probabilities, that the defendant was aged 18 or over at that time.