s 42A
In forceOnus of proof in certain offences
Part 7Miscellaneous
42A Onus of proof in certain offences
(1)
In any prosecution of an owner of a State Heritage Place for a prescribed offence arising from the substantial damage or destruction of the place (including damage or destruction which occurs as a result of neglect of the place), if the circumstances suggest the owner has not suffered significant financial loss as a result of the damage or destruction the owner is presumed to have caused, or authorised, caused or permitted another person to cause, the damage or destruction unless it is proved that the owner did not do so.
(2)
In this section—
prescribed offence means an offence against section 36,
38, 38A,
39A, 39B or 39C.
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