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Wednesday, 27 November 1935


Senator ABBOTT (New South Wales) . - If the words are left out, the sub-clause will then read -

Any person who, without just cause -

(a)   refuses or fails to answer truly any questions put to him in pursuance of this section . . . shall be guilty of an offence.

Does not the Assistant Minister (Senator Brennan) consider that even if the words complained of were deleted, automatically the onus of proof would lie on the person charged? I suggest this because the Grown, in laying a charge, would follow the wording of the section, and in practice the onus of proof does not always lie on the Crown. Apart from anything which may be in a statute under which a charge is laid, certain events may take place during the trial, requiring the person charged to show proof.







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