Requirement for persons to assist in applications for civil penalty orders

Offence title:

Requirement for persons to assist in applications for civil penalty orders

Act:

486Y Migration Act 1958

Offence:

A person commits an offence if:

(a) the Secretary requests, in writing, the person to give all reasonable assistance in connection with an application for a civil penalty order; and

(b) the person fails to comply with the request.

Penalty:

10 penalty units

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local Court

How committed:

A person receives a summons to appear and fails to do so.

Important note:

Defence:  Limits on the exercise of this power are at: 486Y(3).

The Secretary cannot compel a lawyer (or someone who was a lawyer) for the person.

This power can be exercised in an investigative capacity before a civil penalty order is made.

A person cannot have a civil penalty order made if they have been convicted of the same, or substantially the same, conduct giving rise to the civil penalty: s.486Z

Proceeding for a civil penalty order must be stayed if proceedings for a criminal prosecution have been commenced for the same, or substantially the same, conduct: 486ZA(1)

Proceedings for a civil penalty order may be recommenced if the person is not convicted of the same, or substantially same, conduct: 486ZA(2)

Criminal proceedings may be commenced for the same, or substantially same, conduct, whether or not a civil penalty order has been made against the person: s.486ZB

Evidence produced by an individual, against hat individual in a civil penalty proceedings, is not inadmissible against that person in a criminal proceedings and the conduct is the same, or substantially the same, as the conduct in the civil penalty proceedings: 486ZC(1)

The exception to 486ZC(1), is if the evidence called in the civil penalty proceedings is false: 486ZC(2)