Going to Court? Book Your Free First Appointment

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.

What Our Clients Say SEE ALL

  • ★★★★★

    Very proffesional approach

    Quick shout out to Fahim from Sydney Criminal Lawyers. This guy means business and does…

  • ★★★★★

    Went above and beyond to secure a favourable outcome

    Rasheen Mahmodian provided great legal advice and went above and beyond to secure a favourable…

  • ★★★★★

    The outcome was even better than expected

    Karina Diec was absolutely amazing, could not fault her efforts, dedication, advice and just making…

  • ★★★★★

    Professional work ethic, and lovely to work with such nice and understanding lawyers

    If you ever need a lawyer this is the best firm to go to, such…

Going to Court? Call For Your Free First Appointment