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
(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