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MIGRATION ACT 1958 - SECT 21

Failure to comply with section 18 notice

  (1)   A person must not refuse or fail to comply with a notice under subsection   18(1).

  (1A)   Subsection   (1) does not apply:

  (a)   to the extent that the person is not capable of complying with the notice; or

  (b)   if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (1A) (see subsection   13.3(3) of the Criminal Code ).

  (2)   The following are 2 of the reasonable excuses for refusing or failing to comply with a notice:

  (a)   the person whom the Minister had reason to believe was an unlawful non - citizen was not an unlawful non - citizen at the time the notice was given;

  (b)   the information or documents which the Minister had reason to believe were relevant to ascertaining the identity or whereabouts of a person were not relevant to ascertaining the identity or whereabouts of the person.

  (3)   An offence against subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

Penalty:   Imprisonment for 6 months.


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