Provision of information—holders of business visas
137 Provision of information—holders of business visas
The Secretary or Australian Border Force Commissioner may by written notice require the holder of a business visa to give the Secretary or Australian Border Force Commissioner such information as is specified in the notice.
The Secretary or Australian Border Force Commissioner may not require information under subsection (1) unless the information is to be used by the Secretary, the Australian Border Force Commissioner or the Minister for the purpose of the administration of this Act or of regulations made under this Act.
A notice under subsection (1) is only valid in the period of 3 years commencing:
if the holder was in Australia when he or she was first granted a business visa—on the day on which that first visa was granted; or
if the holder was not in Australia when he or she was first granted a business visa—on the day on which the holder first entered Australia after that first visa was granted.
Without limiting the generality of the information that may be required under subsection (1), the Secretary or Australian Border Force Commissioner may require the holder to advise the Secretary or Australian Border Force Commissioner in writing of any change in the address of the holder during a period specified in the notice.
A notice under subsection (1) must state that the information must be provided within a period of 28 days commencing on a day specified in the notice.
The day specified in the notice may be:
the day on which the notice is issued; or
a later particular day; or
the day on which an event specified in the notice occurs.
A person who fails to comply with a notice under subsection (1) commits an offence at the end of every successive 28 day period that is contained in the period commencing on the day specified in the notice and ending when the person complies with the notice.
Penalty: 50 penalty units.
Subsection (7) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (7A) (see subsection 13.3(3) of the Criminal Code).
An offence against subsection (7) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Subsection 4K(2) of the Crimes Act 1914 does not apply to an offence under subsection (7).
In this section:
business visa has the same meaning as in section 134.
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