Customs Act 1901

PART IVA - DEPOTS  

SECTION 77R   BREACH OF CONDITIONS OF DEPOT LICENCE  

77R(1)  


The holder of a depot licence must not breach a condition of the licence set out in section 77N or 77P , or a condition imposed under section 77Q (including a condition varied under that section).

Penalty: 60 penalty units.

77R(2)  
An offence against subsection (1) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .

77R(3)  


Subsection (1) does not apply if a breach of a condition of the depot licence occurs only as a result of the holder ' s compliance, or attempted compliance, with:


(a) a direction given under section 21 of the Aviation Transport Security Act 2004 that applies to the holder; or


(b) a special security direction (within the meaning of section 9 of that Act) that applies to the holder.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).




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