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Thursday, 1 April 1971

Senator PROWSE (Western Australia) - The question that arises in my mind as a result of what Senator Willesee said is this: How would the Crown prove that certain levies had not been paid if all it could produce were books showing the absence of such a record? To my mind, to place the full onus of proof on the Crown in this matter would perhaps be more undesirable, for the purpose of the administration of the Act, than to require the grower concerned to produce evidence that he had paid. It would be much simpler for the grower to produce the evidence than for the Crown to prove, in a negative sense, that there was no record of payment in the books. From the point of view of the Crown, this could not be a very satisfactory means of proving the case. On balance, I think it would be impractical in this sort of situation to have other than the process set out in the Bill.

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