Protection of the Environment Operations Act 1997
256Onus of proof of certain matters
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256 Onus of proof of certain matters
256 Onus of proof of certain matters
(1) In any proceedings under this Act, the onus of proving that a person had a reasonable excuse or lawful excuse (as referred to in any provision of this Act or the regulations) lies with the defendant.
(2) In any proceedings for an offence under Part 5.6AA or 5.6A, the onus of proving an exception under section 144AF(1)–(3), 145 (3)–(5), 146A (3), 146B (3) or 146E (4) lies with the defendant, but nothing in this subsection affects the construction or operation of any other provision of this Act.
s 256: Am 2000 No 20, Sch 1 [15]; 2000 No 82, Sch 1 [2]; 2024 No 20, Sch 9[62] [63].