Statute
Section 23YK — Crimes Act 1914: Proof of voluntary waiver of certain rights
Text of the provision Official document
In any proceedings: (a) the burden lies on the prosecution to prove that an Aboriginal person or Torres Strait Islander has waived a right as mentioned in subsection 23WG(3) or subsection 23XR(3); and (b) the burden is not discharged unless the court is satisfied on the balance of probabilities that the person voluntarily waived that right, and did so with full knowledge and understanding of what he or she was doing.
Official source: Federal Register of Legislation
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