Offences
- Vessel required to convey certain removees
- Vessel required to convey deportees of other removees
- Orders restraining certain non-citizens from disposing etc. of property
- Secretary or Australia Border Force Commissioner may give direction about valuable of detained non-citizens
- Production of identity documents and mustering of crew
- Production of identity documents by persons on board resources installation
- Production of identity documents by person on board a sea installation
- Master to report absences
- Carriage of non-citizens to Australia without documentation
- Carriage of concealed persons to Australia
- Penalty on master, owner, agent and charterer of vessel
- People Smuggling
- Aggravated offence of people smuggling (danger of death or serious harm)
- People Smuggling – Aggravated (at least 5 smuggled people)
- Supporting the offence of people smuggling
- Concealing or harbouring non-citizens
- False documents and false or misleading information relating to non-citizens
- Aggravated offence of false documents and false or misleading information etc. relating to non-citizens (at least 5 people)
- No discharge without conviction for certain offences
- Offences relating to visas
- Offence to arrange marriage to obtain permanent residence
- Offence to arrange pretend de facto relationship to obtain permanent residence
- Offences relating to application for permanent residence because of marriage or de facto relationship
- Offences of making false or unsupported statements
- Allowing an unlawful non-citizen to work
- Allowing a lawful non-citizen to work in breach of a work-related condition
- Aggravated offences if a person allows, or continues to allow, another person to work
- Referring an unlawful non-citizen for work
- Referring an unlawful non-citizen for work in breach of a work-related condition
- Aggravated offence if a person refers another person to a third person for work
- Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship-related event
- Criminal liability of executive officers of bodies corporate
- Identifying an aircraft and requesting it to land for boarding
- Power to board and search etc aircraft
- Offence for failure to comply with reporting obligations
- Vessels to enter ports and be brought to boarding stations
- Powers of entry and search
- Persons may be required to answer questions
- Detention of vessel for purposes of search
- Accessing video recordings (of identification tests)
- Providing video recordings (of an identification test)
- Unauthorised modification video recordings (of an identification test)
- Unauthorised impairment of video recordings (of an identification test)
- Destroying video recordings (of an identification test)
- Offence: failing to comply with a notice
- Offence - giving false or misleading information
- Offence - giving false or misleading document
- Offence – failure to answer question (monitoring warrant at education premises)
- Offence – giving false or misleading information (monitoring warrant at education premises)
- Offence – giving or showing documents that are false or misleading in material particular (monitoring warrant at education premises)
- Occupier to provide authorised officer with all facilities and assistance
- Identity cards (of Authorised Officers)
Arrival, presence and departure
This section of the website considers the offences in the Migration Act dealing with the arrival, presence and departure of people into and from Australia.
It is important to remember offences can be committed not only by entering Australia in an unapproved manner but also by remaining or leaving in an unauthorised manner. Some of these offences relate to the individual or the master of the vessel that brought the person or removes them and could relate to others who may be aware of or participate in the process.
At the extreme end of the spectrum are the offences dealing with people smuggling which can carry up to 20 years imprisonment for the aggravated case.
Other offences considered he may relate to unauthorised work, for instance, in breach of a limitation of hours.
If you have been charged with a Migration Act offence and you would like assistance to understand your options, JSA NSW, have NSW Law Society recognised Accredited Specialists in criminal law, with decades of experience acting for people charged with a Migration Act offences. Call 02 8080 8055 for personalised advice and service.