(1) Subject to
subsection (3), the standard of proof to be applied in determining matters in
proceedings under this Division is proof on the balance of probabilities.
(2) Without limiting
subsection (1), that subsection applies to the determination of whether a
person who contravened an order under this Act affecting children had a
reasonable excuse for the contravention.
(3) A court may only
make an order under —
(aa)
section 205O(1)(ea); or
(ab)
section 205QA(3)(a); or
(a)
section 205SB(2)(a), (d) or (e); or
(b)
section 205SF(3)(a),
if the court is
satisfied beyond reasonable doubt that the grounds for making the order exist.
[Section 205F inserted: No. 35 of 2006 s. 101;
amended: No. 13 of 2013 s. 29.]
[ 205FA. Deleted: No. 35 of 2006 s. 101.]
[Heading inserted: No. 35 of 2006 s. 101.]