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Wednesday, 27 November 1935

Senator BRENNAN (Victoria) (Assistant Minister) . - Dealing with the proposed new sub-section 1a,

Senator Deinraised objections to the words " as to, or as to be likely to", being under the impression, apparently, that they placed the onus of proof on the person charged. These words do not alter the onus of proof in any way. A person charged under this sub-section has to be tried before a jury, which would take its directions as to the law from the presiding judge, who would put the matter before them somewhat in this way - "In your opinion is this book, periodical, pamphlet, poster or newspaper of such a nature as to be likely to seduce any person serving in the King's forces from his duty and allegiance? If you are satisfied beyond reasonable doubt that the publication is of such a nature, you should find the accused guilty; if you are not so satisfied, you will acquit him." Thus, the onus of proof will not .be altered by anything appearing in this proposed new sub-section.

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