Document ID: chunk:federal_register_of_legislation:C2004A00864:clause:1_236
Version: federal_register_of_legislation:C2004A00864
Segment Type: clause
Provision Reference: sch 1 cl 236
Character Range: 8893–9845

236  Offences relating to visas

 (1) A person is guilty of 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 is guilty of 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.