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MIGRATION ACT 1958 - SECT 268BH Offence: failing to comply with a notice

MIGRATION ACT 1958 - SECT 268BH

Offence: failing to comply with a notice

  (1)   A person who refuses or fails to comply with a production or attendance notice commits an offence.

Penalty:   Imprisonment for 6 months.

  (2)   However, a person does not commit an offence in relation to a production notice if the person complied with the notice to the extent that it was practicable to do so within the period allowed by the notice.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2): see subsection   13.3(3) of the Criminal Code .

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

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

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