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 holders 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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