Commonwealth Consolidated Acts

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Exemption from complying

    It is a defence to a prosecution for an offence against section   217 or 218 of failing to comply with a notice to transport a non - citizen if the defendant proves:

  (a)   that the defendant was prevented from complying with the notice because of stress of weather or other reasonable cause; or

  (b)   the defendant gave reasonable notice to the Secretary or Australian Border Force Commissioner of the person's willingness to receive the non - citizen on board a specified vessel at a specified port on a specified day within 72 hours of the giving of the notice for removal or deportation, but the non - citizen was not made available at that port on that date for boarding the vessel.

Note:   A defendant bears a legal burden in relation to the matters in this section (see section   13.4 of the Criminal Code ).

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