Section 188 — Lawful non-citizen to answer questions
Text of provision
Officer may require evidence
(1) An officer may require a person whom the officer knows or reasonably suspects is a non-citizen to:
(a) present to the officer evidence (which might include a personal identifier) of being a lawful non-citizen; or
(b) present to the officer evidence (which might include a personal identifier) of the person’s identity.
(2) The person must comply with the requirement within a period specified by the officer, being a prescribed period or such further period as the officer allows.
(3) Regulations prescribing a period for compliance may prescribe different periods and the circumstances in which a particular prescribed period is to apply which may be:
(a) when the requirement is oral; or
(b) when the requirement is in writing.
Plain English
Section 188 provides that an officer may require a non-citizen to answer questions or produce documents to establish whether they are a lawful non-citizen and whether they are complying with visa conditions. A person who fails to comply with such a request without reasonable excuse is guilty of an offence. The power applies to any non-citizen who is in Australia.
Practical effect
Section 188 underpins compliance checks conducted at workplaces, ports, and other locations. Persons who are lawful non-citizens must cooperate and produce evidence of their visa status. Failure to cooperate is an offence and can also trigger visa cancellation under s 116 (non-compliance with the Migration Act). Practitioners advising clients who have been approached by ABF compliance officers should advise full cooperation with document production requests, while also advising the client of their right to seek legal advice before answering substantive questions.