Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 225

Production of identity documents and mustering of crew

             (1)  This section applies to a vessel, other than a vessel of the regular armed forces of a government recognised by the Commonwealth, which has entered Australia from overseas.

             (2)  On the arrival of a vessel at a port, an officer may require the master of the vessel to muster the vessel's crew in the presence of the officer.

             (3)  An officer may require the master of a vessel to muster the vessel's crew in the presence of the officer before the vessel departs from a port.

             (4)  An officer may require a member of the crew of a vessel to produce his or her identity documents to the officer for inspection.

             (5)  A person must not fail to comply with a requirement made under this section.

Penalty:  40 penalty units.

             (6)  Subsection (5) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).

             (7)  An offence against subsection (5) is an offence of strict liability.

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



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