Failure to comply with section 18 notice
21 Failure to comply with section 18 notice
A person must not refuse or fail to comply with a notice under subsection 18(1).
Subsection (1) does not apply:
to the extent that the person is not capable of complying with the notice; or
if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
The following are 2 of the reasonable excuses for refusing or failing to comply with a notice:
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;
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.
An offence against subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Penalty: Imprisonment for 6 months.
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