Section 73.1 of the Criminal Code Act 1995 (Cth) is People Smuggling and is extracted below.
People smuggling is an offence under section 73.1 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You organised or facilitated the entry of another person into a foreign country
- The entry did not comply with the foreign country’s requirements for entry, and
- The other person was not a citizen or permanent resident of the foreign country.
It is immaterial whether entry into the foreign country was via Australia.
You are not guilty of the offence unless:
- You were an Australian citizen or resident at the time of your conduct, and your conduct occurred wholly outside Australia, or
- Your conduct occurred wholly outside Australia, and the result of your conduct occurred, or you intended it to occur, wholly outside Australia.
Proceedings for the offence cannot be commenced without the Attorney-General’s consent.
Defences to the charge include duress and self-defence.
If you are going to court for People Smuggling, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
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.
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