A manufacturer seeking to rely on the statutory defences under s 74D(2)(a)(i) or s 75AK(1)(a) of the Trade Practices Act 1974 must prove on the balance of probabilities that the defect arose after the goods left its control; proof that post-manufacture tampering was merely possible is insufficient. Where the defence depends on establishing that a criminal act was committed by a third party, the Briginshaw presumption of innocence applies and weight must be given to it. The defences under s 74D(2)(a)(i) and s 75AK(1)(a) are two sides of the same coin.
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