Although a person responsible for a clandestine entrant1 is liable to a penalty regardless of whether he knew or suspected that the clandestine entrant was concealed in the transporter2 or that there were other persons concealed with the clandestine entrant in the transporter3, it is a defence4 to show that he, or an employee of his who was directly responsible for allowing the clandestine entrant to be concealed, was acting under duress5, or that:
(1) he did not know, and had no reasonable grounds for suspecting, that a clandestine
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