Crimes Act 1900 No 40
Current version for 5 October 2012 to date (accessed 19 May 2013 at 00:25)
Part 11Division 2

Division 2 Lawful authority or excuse

417   Proof of lawful authority or excuse

Wherever, by this Act, doing a particular act or having a specified article or thing in possession without lawful authority or excuse, is made or expressed to be an offence, the proof of such authority or excuse shall lie on the accused.

417A   Proof of exceptions

(1)  Any exception, exemption, proviso, excuse or qualification to the offence (whether or not it is in the same provision with a description of an offence in an Act or statutory rule or document creating the offence) need not be specified or negatived in an indictment or other process commencing proceedings.
(2)  The exception, exemption, proviso, excuse or qualification may be proved by the accused person.
(3)  If the exception, exemption, proviso, excuse or qualification is specified or negatived in the indictment, court attendance notice or other process commencing proceedings, the prosecutor is not required to prove it.
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