Section 229 — Carriage of non-citizens without documentation
Text of provision
(1) The master, owner, agent, charterer and operator of a vessel on which a non-citizen is brought into Australia on or after
Plain English
Section 229 provides that a carrier (an airline, shipping line, or vehicle operator) commits an offence if it carries a non-citizen to Australia and the non-citizen does not hold a valid visa or does not produce a valid passport or travel document on arrival. The offence is one of strict liability — the carrier's state of mind is not relevant. Carriers are liable for civil penalties for each passenger carried without documentation.
Practical effect
Carrier liability under s 229 is enforced through a civil penalty regime. Airlines are routinely fined for carrying passengers who are later found to be inadequately documented. As a result, international airlines maintain document checking systems and often refuse boarding to passengers who cannot demonstrate they hold a valid Australian visa. Practitioners advising travellers should ensure visa grants are confirmed before travel, as airlines may refuse boarding to persons who cannot demonstrate visa status electronically.