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MIGRATION ACT 1958 - SECT 268CL Offence: failure to answer question

MIGRATION ACT 1958 - SECT 268CL

Offence: failure to answer question

  (1)   A person commits an offence if the person refuses or fails to comply with a requirement under section   268CK (officer on premises under warrant may ask questions).

Penalty:   Imprisonment for 6 months.

  (2)   However, a person does not commit an offence if answering the question or giving or showing the document might tend to incriminate the person or expose the person to a penalty.

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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