Section 21 — Failure to comply with section 18 notice

21 Failure to comply with section 18 notice

(1) A person must not refuse or fail to comply with a notice under subsection 18(1).

(1A) Subsection (1) does not apply:

(a) to the extent that the person is not capable of complying with the notice; or

(b) if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2) The following are 2 of the reasonable excuses for refusing or failing to comply with a notice:

(a) 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;

(b) 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.

(3) An offence against subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.

Penalty: Imprisonment for 6 months.