Customs Legislation Amendment Act (No. 1) 2002 (82 of 2002)

Schedule 1   Harmonisation of Customs offences

Customs Act 1901

46   After subsection 77D(5)

Insert:

(5A) Subsection (5) does not apply if a person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).

(5B) Subsection (5) is an offence of strict liability.

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


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