Section 236A — Migration Act 1958 (Cth)

No discharge without conviction for certain offences

The court may only make an order under section 19B of the Crimes Act 1914 (discharge of offenders without conviction) in respect of a charge for an offence against section 233B, 233C or 234A if the person charged was aged under 18 when the offence was alleged to have been committed.

Note: See also section 236D, which relates to age.

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.

Related sections

s 234 — False documents and false or misleading information etc. relating to non‑citizens
s 234A — Aggravated offence of false documents and false or misleading information etc. relating to non‑citizens (at least 5 people)
s 236 — Offences relating to visas
s 236B — Mandatory minimum penalties for certain offences
s 236C — Time in immigration detention counts for sentencing etc.
s 236D — Burden and standard of proof in relation to age

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