Document ID: chunk:federal_register_of_legislation:C2024C00800:section:21
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 21
Character Range: 131247–132329

21  Failure to comply with section 18 notice
 (1) A person must not refuse or fail to comply with a notice under subsection 18(1).
 (1A) Subsection (1) does not apply:
 (a) to the extent that the person is not capable of complying with the notice; or
 (b) if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
 (2) The following are 2 of the reasonable excuses for refusing or failing to comply with a notice:
 (a) the person whom the Minister had reason to believe was an unlawful non‑citizen was not an unlawful non‑citizen at the time the notice was given;
 (b) the information or documents which the Minister had reason to believe were relevant to ascertaining the identity or whereabouts of a person were not relevant to ascertaining the identity or whereabouts of the person.
 (3) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Penalty: Imprisonment for 6 months.