381Burden of proof of exceptions, etc, for offences

1. This section applies to—

2. an offence against this Act that is prescribed in regulations under section 407(1)(b) (which relates to prescribing offences for breaches of regulations or rules); and
3. an offence against any of the following sections:
   1. section 17 (failure to notify emergency breach of Act, regulations, or rules):
   2. section 19(1) (failure to provide identifying information):
   3. section 51(1) (failure to notify accident or incident):
   4. section 107(1) (failure to disclose information relevant to granting or holding of aviation document):
   5. section 112(1) (failure to disclose medical information required by Director):
   6. section 132(1) (failure to comply with Director’s requirement to withdraw or revoke authorisation):
   7. section 173(1)(b) (failure to disclose materially relevant information in security check):
   8. section 250 (failing to comply with direction order):
   9. section 297(1) (failure to comply with inspection or monitoring request):
   10. section 364(1) (trespass):
   11. section 366(1) (breach of emergency rule, prohibition, or condition):
   12. section 396 (interference with aircraft):
   13. section 405(2) (failure to comply with requirements relating to information and verification):
   14. section 413(1) (failure to comply with any information disclosure requirements):
   15. section 422(1) (failure to make return):
   16. section 422(2) (failure to maintain records).

4. Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence,—

5. may be proved by the defendant; but
6. need not be negatived in the charging document, and, whether or not it is so negatived, no proof in relation to the matter is required on the part of the prosecutor.

7. Subsection (2)(b) is subject to section 17(4) of the Criminal Procedure Act 2011.