Section 236 — Migration Act 1958: 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.