# Burden and standard of proof in relation to age

> act-s236D — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.