Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 76B

  (1)   A person commits an offence if:

  (a)   the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and

  (b)   any of the following applies:

  (i)   at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future;

  (ii)   the visa was granted under section   195A;

  (iii)   if the non - citizen has previously held other Bridging R (Class WR) visas--the first of those visas was granted under section   195A; and

  (c)   the visa is subject to a monitoring condition; and

  (d)   the person fails to comply with a requirement of the monitoring condition.

Note:   Section   4K of the Crimes Act 1914 , which deals with continuing and multiple offences, applies to this offence.

Penalty:   5 years imprisonment or 300 penalty units, or both.

  (2)   Subsection   (1) does not apply if the person has a reasonable excuse.

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

  (4)   In this section:

"monitoring condition" is a mandatory condition that:

  (a)   requires the holder of a Subclass 070 (Bridging (Removal Pending)) visa to do any of the following things:

  (i)   to notify the Minister or Department of specified matters within a specified period or before or by a specified day;

  (ii)   to report at a specified time or times, and at a specified place or in a specified manner;

  (iii)   to attend at a specified place, on a specified day and at a specified time; and

  (b)   is not a prescribed condition.