6.8.5 Offences in Relation to Departure Prohibition Orders

Context

The Registrar can make an order to prevent a person from leaving Australia. This is known as a departure prohibition order (DPO). An offence is committed if the requirements of such an order are breached.

Act references

CSRC Act section 72F, section 72U, section 72V, section 72W

Offence provisions for unauthorised departure from Australia

The powers to make a DPO are discussed in 5.2.11.

Where a person leaves Australia for a foreign country:

  • knowing, or reckless as to whether, a departure prohibition order is in force, and
  • the person's departure is not authorised by a departure authorisation certificate (DAC) and the person knows the departure is not authorised, or is reckless as to whether the departure is authorised,

they commit an offence (section 72F). The penalty for an offence is 60 penalty units (see 6.8.7 for penalty unit amount), or imprisonment for 12 months, or both.

If an authorised officer believes that a person is about to depart from Australia when a DPO is in force and without a DAC, they can require the person to answer questions or produce documents (section 72U(2)(b)). If a person fails to answer a question or produce a document and they are capable of doing so, they commit an offence. This offence has a penalty of 30 penalty units (6.8.7) (section 72U(3)).

A person who provides false or misleading answers to questions can be prosecuted (section 72U(5)). Penalty for contravention of this section: 30 penalty units (6.8.7), or 6 months imprisonment, or both.

A person is required to answer questions asked under section 72U(2)(b) even if the answers may incriminate them or expose them to a penalty (section 72V(1)). The answers to the questions are not admissible in evidence against them except in relation to a prosecution under section 72U(5) (section 72V(2)).

A person whose departure is authorised by a DAC must produce the certificate for inspection on the request of an authorised officer (section 72W(1)). Failure or refusal to produce the certificate upon request is an offence. There is a maximum penalty of 5 penalty units (6.8.7) (section 72W(2)).

Last reviewed: 20 September 2017