Document ID: chunk:federal_register_of_legislation:C2011A00063:clause:2_12
Version: federal_register_of_legislation:C2011A00063
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 18028–18589

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 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).