Customs Act 1901
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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