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s 101

Onus to prove certain matters on defendant

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Part 10Procedural and evidentiary provisions

101 Onus to prove certain matters on defendant

In any proceedings for an offence under this Act or the regulations against a defendant who was responsible for making a statement on a package or in an advertisement relating to the origin or composition of the food in question or the therapeutic or nutritive properties of the effect of the food, being a statement that is alleged to have caused the food to be falsely described, the onus of proving the correctness of the statement is on the defendant.

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