Section 219 — Migration Act 1958: 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).