National Consumer Credit Protection Act 2009
CHAPTER 4
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REMEDIES
PART 4-1
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CIVIL PENALTY PROVISIONS
Division 3
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General provisions relating to civil penalty provisions
SECTION 175D
EXCEPTIONS ETC. TO CIVIL PENALTY PROVISIONS
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BURDEN OF PROOF
175D(1)
If, in proceedings for a declaration of contravention, a pecuniary penalty order, a relinquishment order or any other 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.
175D(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.
If, in proceedings for a declaration of contravention, a pecuniary penalty order, a relinquishment order or any other 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.
175D(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.
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