Document ID: chunk:federal_register_of_legislation:C2024C00800:section:219
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 219
Character Range: 606502–607335

219  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).