Section 219 — Exemption from complying

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).