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Civil Aviation Act 1990

Miscellaneous provisions

100A: Burden of proof of exceptions, etc, for offences in rules and regulations

You could also call this:

“Who needs to prove exceptions in aviation rule cases”

This law is about how to prove certain things in court cases about aviation rules. It applies to any offence in the rules or regulations made under the Civil Aviation Act.

If there’s an exception, exemption, excuse, or special situation mentioned in the law, you can prove it if you’re the person accused of breaking the rule. The person bringing the case to court doesn’t have to disprove these exceptions in their accusation. They also don’t have to provide any proof about these exceptions.

However, there’s a special rule in the Criminal Procedure Act that might change this in some cases. This rule says that sometimes, the person bringing the case might need to include information about exceptions in their accusation.

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Part 11 Miscellaneous provisions

100ABurden of proof of exceptions, etc, for offences in rules and regulations

  1. This section applies to any offence contained in rules or regulations made pursuant to this Act.

  2. Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence,—

  3. may be proved by the defendant; but
    1. need not be negatived in the charging document, and, whether or not it is so negatived, no proof in relation to the matter is required on the part of the prosecutor.

      1. Subsection (2)(b) is subject to section 17(4) of the Criminal Procedure Act 2011.

      Notes
      • Section 100A: inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
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