Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person receives, or has in the person's possession, goods that have been unloaded from an aircraft or vessel in Australian territory; and
(b) any of the following applies in relation to the goods:
(i) 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);
(ii) the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1);
(iii) a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened;
(iv) subsection 147(2) was contravened.
Civil penalty: 300 penalty units.
(2) Subsection (1) does not apply if the person did not know, and could not reasonably be expected to have known, that:
(a) 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
(b) the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1); or
(c) a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened; or
(d) subsection 147(2) was contravened;
as the case may be.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).