Section 268BH — Migration Act 1958: Offence: failing to comply with a notice

(1) A person who refuses or fails to comply with a production or attendance notice commits an offence. Penalty: Imprisonment for 6 months. (2) However, a person does not commit an offence in relation to a production notice if the person complied with the notice to the extent that it was practicable to do so within the period allowed by the notice. Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. (3) An offence against subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.