MIGRATION ACT 1958 - SECT 236 Offences relating to visas

MIGRATION ACT 1958 - SECT 236

  (1)   A person commits an offence if:

  (a)   the person uses a visa with the intention of:

  (i)   travelling to Australia; or

  (ii)   remaining in Australia; or

  (iii)   identifying himself or herself; and

  (b)   the visa is a visa that was granted to another person.

Penalty:   Imprisonment for 10 years or 1,000 penalty units, or both.

  (2)   A person commits an offence if:

  (a)   the person has a visa in his or her possession or under his or her control; and

  (b)   the visa is a visa that was not granted to the person.

Penalty:   Imprisonment for 10 years or 1,000 penalty units, or both.

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

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

  (4)   The fault element for paragraph   (2)(a) is intention.

Note:   Section   5.2 of the Criminal Code defines intention .