Section 268CL — Offence: failure to answer question
CurrentPart 2—Arrival, presence and departure of persons · Division 14A—Monitoring compliance with student visa conditions · Subdivision C—Searching education providers’ premises · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of LegislationOn this page
- Provision
- Section 268CL
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 268CL — Offence: failure to answer question
268CL Offence: failure to answer question
(1) A person commits an offence if the person refuses or fails to comply with a requirement under section 268CK (officer on premises under warrant may ask questions). Penalty: Imprisonment for 6 months.
(2) However, a person does not commit an offence if answering the question or giving or showing the document might tend to incriminate the person or expose the person to a penalty. 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.

