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Supporting People Smuggling

Supporting people smuggling is an offence under section 73.3A 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 provided material support or resources to another person or organisation, and
  2. That support or those resources aided a people smuggler, or a person or organisation other than a people smuggler, to engage in the offence of people smuggling.

To establish the offence of people smuggling, the prosecution must prove beyond reasonable doubt that:

  1. A person 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.

The contingent offence of people smuggling is not established unless:

  1. The defendant was an Australian citizen or resident at the time of the conduct, and his or her conduct occurred wholly outside Australia, or
  2. His or her conduct occurred wholly outside Australia, and the result of the conduct occurred, or was intended it to occur, wholly outside Australia.

Proceedings for people smuggling offences cannot be commenced without the Attorney-General’s consent.

Defences to people smuggling charges include duress and self-defence.

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