Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 72 - Explosives and lethal devices  

Subdivision B - Plastic explosives  

SECTION 72.35   Presumption as to concentration of detection agent  

(1)  
This section applies in relation to a prosecution for an offence against this Subdivision.

(2)  
If no detection agent can be detected in a sample of a plastic explosive when tested using:


(a) a method generally accepted in the scientific community as a reliable means of measuring the concentration of detection agents in plastic explosives; or


(b) a method prescribed for the purposes of this paragraph;

it is presumed, unless the contrary is proved, that the plastic explosive breaches the first marking requirement.

Note:

A defendant bears a legal burden in relation to proving the contrary (see section 13.4 ).


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