# Failure to comply with section 18 notice

> act-s21 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.