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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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