Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 21

             (1)  A person must not refuse or fail to comply with a notice under subsection 18(1).

          (1A)  Subsection (1) does not apply:

                     (a)  to the extent that the person is not capable of complying with the notice; or

                     (b)  if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

             (2)  The following are 2 of the reasonable excuses for refusing or failing to comply with a notice:

                     (a)  the person whom the Minister had reason to believe was an unlawful non‑citizen was not an unlawful non‑citizen at the time the notice was given;

                     (b)  the information or documents which the Minister had reason to believe were relevant to ascertaining the identity or whereabouts of a person were not relevant to ascertaining the identity or whereabouts of the person.

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

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

Penalty:  Imprisonment for 6 months.