VadeLab
StatuteMigration Act 1958

Section 257 — Migration Act 1958: Persons may be required to answer questions

Text of the provision Official document

(1) For the purpose of determining whether a person who is in immigration detention under this Act is an unlawful non-citizen, a removee or a deportee, an officer may put to that person such questions as the officer considers necessary and may move that person from place to place. (2) Where an officer puts a question to a person in accordance with subsection (1) after having informed that person that he or she is required to answer the question, that person shall not: (a) refuse or fail to answer the question; or (b) in answer to the question, make a statement which is false or misleading in a material particular. Penalty: Imprisonment for 6 months. (2A) An offence against subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Where subsection (2) is applicable in relation to a question put to a person, that person is not excused from answering the question on the ground that the answer might tend to incriminate him or her, but the answer to the question shall not be used as evidence against that person in any proceedings other than proceedings under that subsection.

Official source: Federal Register of Legislation

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from Australian courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.