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).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free