Act section

Section 236D — Burden and standard of proof in relation to age

Current

Part 2—Arrival, presence and departure of persons · Division 12—Offences etc. in relation to entry into, and remaining in, Australia · Subdivision A—People smuggling and related offences · Migration Act 1958

C2026C00232 · Compilation No. 171As in force on 4 June 2026

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Provision: Section 236D
As in force on: 4 June 2026
Citation: C2026C00232 · Compilation No. 171

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Section 236D — Burden and standard of proof in relation to age

236D Burden and standard of proof in relation to age If, in proceedings relating to an offence against this Subdivision:

(a) the defendant claims to have been aged under 18 at the time the offence was alleged to have been, or was, committed, and

(b) the prosecution disputes this claim;

the prosecution bears the burden of proving, on the balance of probabilities, that the defendant was aged 18 or over at that time.

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