Burden and standard of proof in relation to age act-s236D โ€” as in force on 2026-06-04 โ€” C2026C00232 ยท Compilation No. 171 โ€” 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.