123MExemption or non-application of provision—onus of proof#
In a proceeding for an offence under this Act, the defendant bears the onus of proving—
- (a)that a person, vehicle, tram, train, vessel or animal was at any time exempt from a provision of this Act; or
- (b)that a provision of this Act was not applicable to a person, vehicle, tram, train, vessel or animal.