# Exemption from complying

> act-s219 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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).