This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
provides that the accused bears the evidential burden for presenting or pointing to evidence that suggests a reasonable possibility of any facts that would establish an exception, exemption, proviso, excuse or qualification provided by an Act or subordinate instrument and on which the accused wishes to rely. If the accused presents or points to such evidence, the informant is then required to prove that the exception, exemption, proviso, excuse or qualification does not apply. The Magistrates' Court may allow the prosecutor to re-open the prosecution case in order to adduce evidence rebutting the evidence presented by the accused under this clause, if the court is satisfied that it is in the interests of justice to do so. Division 7—Closing address