Section 236D — Migration Act 1958 (Cth)

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.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 236A — No discharge without conviction for certain offences
s 236B — Mandatory minimum penalties for certain offences
s 236C — Time in immigration detention counts for sentencing etc.
s 236E — Evidentiary certificates in proceedings for offences
s 236F — Evidentiary certificates—procedural matters
s 237 — Reason for Subdivision

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