Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 3.11

  (1)   If a person has been placed on board a vessel for the purpose of:

  (a)   deportation from Australia under an order made by the Minister under the Act; or

  (b)   removal from Australia;

an officer may require the master to produce the deportee or removee to the officer at any time before the vessel's departure from its last port of call in Australia.

  (2)   The master must not fail to comply with a requirement under subregulation   (1).

Penalty:   10 penalty units.

  (3)   Subregulation (2) does not apply if the master has a reasonable excuse.

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