Secretary or Australian Border Force Commissioner may require a person to give information or produce a document

Offence title:

Secretary or Australian Border Force Commissioner may require a person to give information or produce a document

Act:

487B Migration Act 1958

Offence:

(1)   If the Secretary or ABF Commissioner has reason to believe a person has information or a document relevant to:

(a)            Sponsorship-related offence; or

(b)            Contravention of a sponsorship-related provision; or

(c)             Work-related offence; or

(d)            Work-related contravention provision;

The Secretary or ABF Commissioner may issue a notice requiring the person to provide the information or document to an authorised officer.

Failure to comply is an offence.

Penalty:

30 penalty units

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local Court

How committed:

A person receives a notice to provide information but fails to do so at all or in the time or manner specified.

Important note:

Defence:  Limits on the exercise of this power are at: s.487B(2)

(a)   The specified period must be at least 14 days after the notice is served on the person; and

(b)   Specify how the information or document is to be given; and

(c)    Set out that an offence is committed is compliance is not given and the effects of 137.1 [False or misleading information] and 137.2 [False or misleading documents] Criminal Code.

A person is not excused from compliance if to do so would tend to self-incriminate them: 487C(1)

If an individual produces the material under the notice, that material cannot be used in a criminal proceeding against them, other than proceedings under the Criminal Code 137.1 [False or misleading information] and 137.2 [False or misleading documents] Criminal Code; or civil proceedings (other than proceedings for a civil penalty order for an alleged contravention of a sponsorship-related provision or a work-related provision): 487C(2)