ABORIGINALS - GENERAL - APPLICATION OF LAW - where appellant contends that taking fish by means of a net is an Aboriginal tradition in accordance with s 14 of the Act - whether s 14 applies to modifications of Aboriginal traditions such as the use of modern fishing nets
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - BURDEN OF PROOF - where District Court judge found that the appellant failed to discharge the burden or proof on him under s 14 of the Act of adducing some evidence of his Aboriginality and of possession of the net by way of Aboriginal tradition so that the prosecution were not required to negative the operation of s 14 of the Act - whether the burden of proof under s 14 of the Act is required to be discharged on the balance of probabilities
Native Title Act 1993 (Cth), s 211, s 224
Case Details
Citation[2006] QCA 40
CourtQCA
JurisdictionQueensland
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