Customs Amendment (Export Controls and Other Measures) Act 2011 (63 of 2011)

Schedule 2   Strengthening of security measures at depots and warehouses

Part 1   Depot licences

Customs Act 1901

12   At the end of section 77R

Add:

(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).