Section 73.1 Criminal Code Act | People Smuggling

The Legislation

Section 73.1 of the Criminal Code Act 1995 (Cth) is People Smuggling and is extracted below.

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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.