Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division
149 Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division
Civil penalty provision
A person contravenes this subsection if:
the person receives, or has in the person’s possession, goods that have been unloaded from an aircraft or vessel in Australian territory; and
any of the following applies in relation to the goods:
the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3);
the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1);
a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened;
subsection 147(2) was contravened.
Civil penalty: 300 penalty units.
Subsection (1) does not apply if the person did not know, and could not reasonably be expected to have known, that:
the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3); or
the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1); or
a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened; or
subsection 147(2) was contravened;
as the case may be.
A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
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