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Section 77R Customs Act 1901
Breach of Conditions of Depot Licence

Section 77R of the Customs Act 1901 (Cth) deals with Breach of Conditions of Depot Licence and is extracted below.

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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: 50 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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