Document ID: chunk:federal_register_of_legislation:C2004A01078:clause:1_1:p1
Version: federal_register_of_legislation:C2004A01078
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/6)
Character Range: 3564–6262

1  The Schedule (at the end of Chapter 4 of the Criminal Code)
Add:

Division 73—People smuggling and related offences

Subdivision A—People smuggling offences

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; and
 (d) the first person organises or facilitates the entry:
 (i) having obtained (whether directly or indirectly) a benefit to do so; or
 (ii) with the intention of obtaining (whether directly or indirectly) a benefit.

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.

73.2  Aggravated offence of people smuggling (exploitation etc.)

 (1) A person (the first person) is guilty of an offence if the first person commits the offence of people smuggling in relation to another person (the victim) and any of the following applies:
 (a) the first person commits the offence intending that the victim will be exploited after entry into the foreign country (whether by the first person or another);
 (b) in committing the offence, the first person subjects the victim to cruel, inhuman or degrading treatment;
 (c) in committing the offence, the first person's conduct:
 (i) gives rise to a danger of death or serious harm to the victim; and
 (ii) the first person is reckless as to the danger of death or serious harm to the victim that arises from the conduct.

Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.

 (2) For the purposes of subsection (1), and without limitation, the victim will be exploited by a person (the exploiter) if either of the following applies:
 (a) the exploiter's conduct causes the victim to enter into slavery, forced labour or sexual servitude;
 (b) the exploiter's conduct causes an organ of the victim to be removed and:
 (i) neither the victim nor the victim's legal guardian consented to the removal of the organ; and
 (ii) the organ was not removed to meet a medical or therapeutic need of the victim.

 (3) In this section:

forced labour means the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force