Document ID: chunk:federal_register_of_legislation:C2024C00800:section:236
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 236
Character Range: 643169–644103

236  Offences relating to visas
 (1) A person commits 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 commits 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.