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People Smuggling

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:

  1. You organised or facilitated the entry of another person into a foreign country
  2. The entry did not comply with the foreign country’s requirements for entry, and
  3. 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:

  1. You were an Australian citizen or resident at the time of your conduct, and your conduct occurred wholly outside Australia, or
  2. 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.

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