Document ID: chunk:federal_register_of_legislation:C2024A00107:clause:1_199e
Version: federal_register_of_legislation:C2024A00107
Segment Type: clause
Provision Reference: sch 1 cl 199E
Character Range: 13574–15120

199E  Offence for non‑compliance with removal pathway direction
 (1) A person commits an offence if:
 (a) the person is a removal pathway non‑citizen; and
 (b) the person is given a removal pathway direction; and
 (c) the direction has not been revoked; and
 (d) the person refuses or fails to comply with the direction.
Penalty: 5 years imprisonment or 300 penalty units, or both.
 (2) If a person is convicted of an offence under subsection (1), the court must impose a sentence of imprisonment of at least 12 months.

Exception
 (3) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (4) For the purposes of subsection (3), it is not a reasonable excuse that the person:
 (a) has a genuine fear of suffering persecution or significant harm if the person were removed to a particular country; or
 (b) is, or claims to be, a person in respect of whom Australia has non‑refoulement obligations; or
 (c) believes that, if the person were to comply with the removal pathway direction, the person would suffer other adverse consequences.
Note: See subsections 199D(1) and (2) for restrictions on giving removal pathway directions to non‑citizens who are subject to a protection finding or who have applied for a protection visa.

No continuing offence
 (5) Section 4K (continuing offences) of the Crimes Act 1914 does not apply in relation to an offence under subsection (1) of this section.