Statute
Section 236D — Migration Act 1958: Burden and standard of proof in relation to age
Text of the provision Official document
If, in proceedings relating to an offence against this Subdivision: (a) the defendant claims to have been aged under 18 at the time the offence was alleged to have been, or was, committed, and (b) the prosecution disputes this claim; the prosecution bears the burden of proving, on the balance of probabilities, that the defendant was aged 18 or over at that time.
Official source: Federal Register of Legislation
There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →