### sec.123M Exemption or non-application of provision—onus of proof In a proceeding for an offence under this Act, the defendant bears the onus of proving— that a person, vehicle, tram, train, vessel or animal was at any time exempt from a provision of this Act; or that a provision of this Act was not applicable to a person, vehicle, tram, train, vessel or animal. s 123M ins 2019 No. 25 s 104 - (a) that a person, vehicle, tram, train, vessel or animal was at any time exempt from a provision of this Act; or - (b) that a provision of this Act was not applicable to a person, vehicle, tram, train, vessel or animal.

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