Secretary or Australian Border Force Commissioner may require a person to give information or produce a document
487B Secretary or Australian Border Force Commissioner may require a person to give information or produce a document
If the Secretary or Australian Border Force Commissioner has reason to believe that a person has information or a document that is relevant to:
a possible sponsorship‑related offence; or
a possible contravention of a sponsorship‑related provision; or
a possible work‑related offence; or
a possible contravention of a work‑related provision;
the Secretary or Australian Border Force Commissioner may, by written notice given to the person, require the person to give the information, or to produce the document, to an authorised officer.
Content of notice
The notice must:
specify the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and
specify how the information or document must be given; and
set out the effect of subsection (3) and sections 137.1 and 137.2 of the Criminal Code.
Offence
A person commits an offence if:
the person is given a notice under subsection (1); and
the person fails to comply with the notice.
Penalty: 30 penalty units.
An offence against subsection (3) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Subsection (3) does not apply to the extent that the person is not capable of complying with the notice.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
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