# Offence for non-compliance with removal pathway direction

> act-s199E — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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                 (c) the direction has not been revoked; and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.