Offence for non‑compliance with removal pathway direction
199E Offence for non‑compliance with removal pathway direction
A person commits an offence if:
the person is a removal pathway non‑citizen; and
the person is given a removal pathway direction; and
the direction has not been revoked; and
the person refuses or fails to comply with the direction.
Penalty: 5 years imprisonment or 300 penalty units, or both.
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
Subsection (1) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
For the purposes of subsection (3), it is not a reasonable excuse that the person:
has a genuine fear of suffering persecution or significant harm if the person were removed to a particular country; or
is, or claims to be, a person in respect of whom Australia has non‑refoulement obligations; or
believes that, if the person were to comply with the removal pathway direction, the person would suffer other adverse consequences.
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
Section 4K (continuing offences) of the Crimes Act 1914 does not apply in relation to an offence under subsection (1) of this section.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.