Section 73.3 Criminal Code Act | Aggravated People Smuggling 5 people or more


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The Legislation

Section 73.3 of the Criminal Code Act 1995 (Cth) is Aggravated People Smuggling 5 people or more and is extracted below.

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73.3  Aggravated offence of people smuggling (at least 5 people)

(1)  A person (the first person) is guilty of an offence if:

(a)  the first person organises or facilitates the entry of a group of at least 5 persons (the other persons) into a foreign country (whether or not via Australia); and

(b)  the entry of at least 5 of the other persons into the foreign country does not comply with the requirements under that country’s law for entry into that country; and

(c)  at least 5 of the other persons whose entry into the foreign country is covered by paragraph (b) are not citizens or permanent residents of the foreign country.

Penalty:  Imprisonment for 20 years or 2,000 penalty units, or both.

(2)  Absolute liability applies to the paragraph (1)(c) element of the offence.

(3)  If, on a trial for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of that offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 73.1(1), the trier of fact may find the defendant not guilty of an offence against subsection (1) but guilty of an offence against subsection 73.1(1), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.