236Offences relating to visas

236  Offences relating to visas  (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.  (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.  (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.