Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 77R

Breach of conditions of depot licence

  (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.

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

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

  (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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