Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 268BH

Offence: failing to comply with a notice

             (1)  A person who refuses or fails to comply with a production or attendance notice commits an offence.

Penalty:  Imprisonment for 6 months.

             (2)  However, a person does not commit an offence in relation to a production notice if the person complied with the notice to the extent that it was practicable to do so within the period allowed by the notice.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

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

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



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