Persons may be required to answer questions
(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.
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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