34 Defences to claim that penalty is due under section 32

34  Defences to claim that penalty is due under section 32

(1) This section applies if it is alleged that a person (“the carrier”) is liable to a penalty under section 32.

[(1) A person (“the carrier”) shall not be liable to the imposition of a penalty under section 32(2) if he has a defence under this section.]

(2) It is a defence for the carrier to show that he, or an employee of his who was directly responsible for allowing the clandestine entrant to be concealed, was acting under duress.

(3) It is also a defence for the carrier to show that—

(a) he did not know, and had no reasonable grounds for suspecting, that a clandestine entrant was, or might be, concealed

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