Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 234A

Aggravated offence of false documents and false or misleading information etc. relating to non-citizens (at least 5 people)

             (1)  A person must not, in connection with:

                     (a)  the entry or proposed entry into Australia, or the immigration clearance, of a group of 5 or more non-citizens (which may include that person), or of any member of such a group; or

                     (b)  an application for a visa or a further visa permitting a group of 5 or more non-citizens (which may include that person), or any member of such a group, to remain in Australia;

do any of the following:

                     (c)  present, or cause to be presented, to an officer or a person exercising powers or performing functions under this Act a document that the person knows is forged or false;

                     (d)  make, or cause to be made, to an officer or a person exercising powers or performing functions under this Act a statement that the person knows is false or misleading in a material particular;

                     (e)  deliver, or cause to be delivered, to an officer or a person exercising powers or performing functions under this Act, or otherwise give, or cause to be given, for official purposes of the Commonwealth, a document containing a statement or information that the person knows is false or misleading in a material particular.

Penalty:  Imprisonment for 20 years or 2,000 penalty units, or both.

Note:          Sections 236A and 236B limit conviction and sentencing options for offences against this section.

             (2)  A person must not transfer or part with possession of a document or documents:

                     (a)  with the intention that the document or documents be used to help a group of 5 or more people, none of whom are entitled to use the document or documents, or any member of such a group, to gain entry into or remain in Australia, or to be immigration cleared; or

                     (b)  if the person has reason to suspect that the document or documents may be so used.

Penalty:  Imprisonment for 20 years or 2,000 penalty units, or both.

Note:          Sections 236A and 236B limit conviction and sentencing options for offences against this section.



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