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As Emmett J said of s 51A in Universal Sports the section does not reverse the onus of proof when it applies.
Despite the Perks case Mr Saunders said he did not think the law should be changed to shift the onus of proof on to the suspect.
The Bill also repeals a provision of the Armed Forces Discipline Act 1971 that places the onus of proof for defence of a specific charge on to the accused.
The taxpayer may appeal before the Supreme Court (now Administrative Court) or the Tax Council against the authorities' demands, but then the onus of proof that the "offensive assessment" was arbitrary is on the taxpayer.
Besides, the onus of proof of Loss or Damage having been caused by the Perils of A.
Dean Pipitone, director at Cooper Solutions, said: "When it comes to tax, ignorance is not an excuse and the onus of proof is on the dealership, not HMRC.
3) This reverse onus of proof was introduced into the statutory framework around 100 years ago (see Conciliation and Arbitration Act (No 2) 1914 (Cth)).
This change effectively removes the 'reverse onus of proof that ensured that an employer who was being prosecuted had to show why it had not been negligent or failed to comply with the legislation.
The role of the prosecuting agency is crucial because, unlike in other offences against women such as dowry deaths, the onus of proof is on it.
She needed to prove that her defamatory allegations were substantially true, since both God's and Man's laws state that the onus of proof is on the accuser.
Worth a try, yes, but the onus of proof is on those presenting the scheme.