Section 199E — Offence for non-compliance with removal pathway direction

199E Offence for non-compliance with removal pathway direction

(1) A person commits an offence if:

(a) the person is a removal pathway non-citizen; and

(b) the person is given a removal pathway direction; and

(c) the direction has not been revoked; and

(d) the person refuses or fails to comply with the direction.

Penalty: 5 years imprisonment or 300 penalty units, or both.

(2) 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

(3) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(4) For the purposes of subsection (3), it is not a reasonable excuse that the person:

(a) has a genuine fear of suffering persecution or significant harm if the person were removed to a particular country; or

(b) is, or claims to be, a person in respect of whom Australia has non-refoulement obligations; or

(c) believes that, if the person were to comply with the removal pathway direction, the person would suffer other adverse consequences.

Note: 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

(5) Section 4K (continuing offences) of the Crimes Act 1914 does not apply in relation to an offence under subsection (1) of this section.