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Failure to comply with notice (inactive or deceased agents)
Offence title:
Failure to comply with notice (inactive or deceased agents)
Act:
306H Migration Act 1958
Offence:
If the following sections are not complied with:
s. 306D Power to obtain documents from inactive migration agent; or
s. 306E - Power to obtain documents from representative of deceased inactive migration agent; or
s.306F - Power to obtain documents from representative of deceased registered migration agent;
an offence is committed.
Penalty:
60 penalty units
Summary/Indictable/mixed:
Summary
Jurisdiction:
Local Court
How committed:
A relative of a deceased migration agent cannot be bothered with responding to the notice from the Authority.
Important note:
Self-incrimination is no excuse for failing to answer the requirements. However, any answer given, or document produced, cannot be used in evidence against the agent in a criminal proceeding except for offences against 137.1 [False or misleading information] or 137.2 [False or misleading documents] Criminal Code as they relate to this Act or regulations.