Under division 73, it is an offence to organise or facilitate the entry of another person into a foreign country, where the person is not a resident of that country, and the entry does not comply with the law. The division contains separate offences of aggravated people smuggling, supporting a people smuggling offence and creating, possessing or providing false travel or identity documents to facilitate a people smuggling offence.
As is noted in the Australian Government’s National Action Plan to Combat Human Trafficking and Slavery, 2015-2019 (the Plan), people smuggling, or migrant smuggling, does not necessarily amount to the exploitation of individuals. However, the plan goes on to note that ‘people who are smuggled may be particularly vulnerable to exploitation, and may experience human trafficking or slavery once they arrive in their destination country’.
Division 73.1 – Offence of people smuggling
(1) A person (the first person) is guilty of an offence if:
(a) the first person organises or facilitates the entry of another person (the other person) into a foreign country (whether or not via Australia); and
(b) the entry of the other person into the foreign country does not comply with the requirements under that country’s law for entry into the country; and
(c) the other person is not a citizen or permanent resident of the foreign country.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
(3) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of people smuggling.
Law / 01st January 1997 / Australia / Criminal Code Act 1995 (Cth)
The Criminal Code Act 1995 (Cth) (the Code) is Commonwealth or national legislation that provides: – a wide range of criminal offences, from offences relating to the security of the Commonwealth and the proper administration of Government to offences against humanity and dangers to the community; and – general principles of criminal responsibility.