Clause 59

In proceedings for an offence under Part 3, it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the path was a pedestrian‑only path, footpath or shared path, but it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know, and could not reasonably have been expected to know, that the path was a pedestrian‑only path, footpath or shared path, as the case may be.