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Migration Act 1958
234False documents and false or misleading information etc. relating to non‑citizens
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234 False documents and false or misleading information etc. relating to non‑citizens
(1) A person shall not, in connexion with the entry, proposed entry or immigration clearance, of a non‑citizen (including that person himself or herself) into Australia or with an application for a visa or a further visa permitting a non‑citizen (including that person himself or herself) to remain in Australia:
(a) present, or cause to be presented, to an officer or a person exercising powers or performing functions under this Act a document which is forged or false;
(b) make, or cause to be made, to an officer or a person exercising powers or performing functions under this Act a statement that, to the person’s knowledge, is false or misleading in a material particular; or
(c) deliver, or cause to be delivered, to an officer or a person exercising powers or performing functions under this Act, or otherwise furnish, or cause to be furnished for official purposes of the Commonwealth, a document containing a statement or information that is false or misleading in a material particular.
(2) A person shall not transfer or part with possession of a document:
(a) with intent that the document be used to help a person, being a person not entitled to use it, to gain entry, or to remain in, Australia or to be immigration cleared; or
(b) where the person has reason to suspect that the document may be so used.
234A Aggravated offence of false documents and false or misleading information etc. relating to non‑citizens (at least 5 people)
(1) A person must not, in connection with:
(a) the entry or proposed entry into Australia, or the immigration clearance, of a group of 5 or more non‑citizens (which may include that person), or of any member of such a group; or
(b) an application for a visa or a further visa permitting a group of 5 or more non‑citizens (which may include that person), or any member of such a group, to remain in Australia;
do any of the following:
(c) present, or cause to be presented, to an officer or a person exercising powers or performing functions under this Act a document that the person knows is forged or false;
(d) make, or cause to be made, to an officer or a person exercising powers or performing functions under this Act a statement that the person knows is false or misleading in a material particular;
(e) deliver, or cause to be delivered, to an officer or a person exercising powers or performing functions under this Act, or otherwise give, or cause to be given, for official purposes of the Commonwealth, a document containing a statement or information that the person knows is false or misleading in a material particular.
(2) A person must not transfer or part with possession of a document or documents:
(a) with the intention that the document or documents be used to help a group of 5 or more people, none of whom are entitled to use the document or documents, or any member of such a group, to gain entry into or remain in Australia, or to be immigration cleared; or
(b) if the person has reason to suspect that the document or documents may be so used.