Films, Videos, and Publications Classification Act 1993

Classification of publications - Exemptions

46: Burden of proof

You could also call this:

"You must prove you did the right thing"

Illustration for Films, Videos, and Publications Classification Act 1993

If you are charged with an offence under this Act, you must prove you were exempt under section 44 and followed the exemption rules. You have to show you were allowed to do what you did. This means the responsibility is on you to prove your exemption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313493.

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45: Notification of decision, or

"The Classification Office tells you in writing if your exemption is approved or not."


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46A: Purpose of Part, or

"Keeping you safe when watching videos on demand"

Part 3Classification of publications
Exemptions

46Burden of proof

  1. In any prosecution for an offence against this Act, the burden of proving that the defendant was exempted under section 44 and was acting in accordance with the terms of the exemption shall be on the defendant.

Compare
  • 1963 No 22 s 31(2)
  • 1987 No 85 s 64(2)