Provisions relating to element of offence that particular conduct was engaged in using a carriage service
475.1B Provisions relating to element of offence that particular conduct was engaged in using a carriage service
Presumption that conduct engaged in using carriage service
If:
a physical element of an offence against Subdivision C, D, E, F or J of Division 474 consists of a person using a carriage service to engage in particular conduct; and
the prosecution proves beyond reasonable doubt that the person engaged in that particular conduct;
then it is presumed, unless the person proves to the contrary, that the person used a carriage service to engage in that conduct.
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Absolute liability applies to physical element of offence that carriage service was used
If:
a physical element of an offence against Subdivision C, D, E, F or J of Division 474 consists of a person using a carriage service to engage in particular conduct; and
the prosecution proves beyond reasonable doubt that the person intended to engage in that particular conduct;
then absolute liability applies to the physical element of the offence that a carriage service was used to engage in that particular conduct.
For absolute liability, see section 6.2.
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