Act section

Section 268BH — Offence: failing to comply with a notice

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Part 2—Arrival, presence and departure of persons · Division 14A—Monitoring compliance with student visa conditions · Subdivision B—Notices requiring information and documents · Migration Act 1958

C2026C00232 · Compilation No. 171As in force on 4 June 2026

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Provision: Section 268BH
As in force on: 4 June 2026
Citation: C2026C00232 · Compilation No. 171

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Section 268BH — Offence: failing to comply with a notice

268BH Offence: failing to comply with a notice

(1) A person who refuses or fails to comply with a production or attendance notice commits an offence. Penalty: Imprisonment for 6 months.

(2) However, a person does not commit an offence in relation to a production notice if the person complied with the notice to the extent that it was practicable to do so within the period allowed by the notice. Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

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

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