# Offences relating to visas

> act-s236 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

236 Offences relating to visas
          (1) A person commits an offence if:
               (a) the person uses a visa with the intention of:
                     (i) travelling to Australia; or
                    (ii) remaining in Australia; or
                   (iii) identifying himself or herself; and
               (b) the visa is a visa that was granted to another person.
               Penalty: Imprisonment for 10 years or 1,000 penalty units, or
                        both.
          (2) A person commits an offence if:
               (a) the person has a visa in his or her possession or under his or
                   her control; and








                 (b) the visa is a visa that was not granted to the person.
               Penalty: Imprisonment for 10 years or 1,000 penalty units, or
                        both.
          (3) Subsection (2) does not apply if the person has a reasonable
              excuse.
               Note:      A defendant bears an evidential burden in relation to the matter in
                          subsection (3) (see subsection 13.3(3) of the Criminal Code).

          (4) The fault element for paragraph (2)(a) is intention.
               Note:      Section 5.2 of the Criminal Code defines intention.