Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 240

Offence to arrange marriage to obtain permanent residence

  (1)   A person must not arrange a marriage between other persons with the intention of assisting one of those other persons to get a stay visa by satisfying a criterion for the visa because of the marriage.

Penalty:   Imprisonment for 10 years or 1,000 penalty units, or both.

  (2)   Subsection   (1) applies whether or not the intention is achieved.

  (3)   It is a defence to an offence against subsection   (1) if the defendant proves that, although one purpose of the marriage was to assist a person to get a stay visa, the defendant believed on reasonable grounds that the marriage would result in a genuine and continuing marital relationship.

Note:   A defendant bears a legal burden in relation to the matter in subsection   (3) (see section   13.4 of the Criminal Code ).


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