Section 73.11 Criminal Code Act | Taking or Destroying Travel or Identity Documents


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The Legislation

Section 73.11 of the Criminal Code Act 1995 (Cth) is Taking or Destroying Travel or Identity Documents and is extracted below.

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73.11  Taking possession of or destroying another person’s travel or identity document

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

(a)  the first person takes possession of, or destroys, a travel or identity document that applies to another person (the other person); and

(b)  the first person does so intending to conceal the other person’s identity or nationality; and

(c)  at the time of doing so, the first person intends to organise or facilitate the entry of the other person into a foreign country:

(i)  having obtained, or with the intention of obtaining, whether directly or indirectly, a benefit to organise or facilitate that entry; and

(ii)  where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country.

Penalty:            Imprisonment for 10 years or 1,000 penalty units, or both.