Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p6
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 6/44)
Character Range: 186197–188945

the same way as it applies in relation to cluster munitions.

72.45  Definitions
  In this Subdivision:
cluster munition has the meaning given by paragraph 2 of Article 2 of the Convention on Cluster Munitions.
Convention on Cluster Munitions means the Convention on Cluster Munitions done at Dublin on 30 May 2008.
Note: In 2012, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
explosive bomblet has the meaning given by paragraph 13 of Article 2 of the Convention on Cluster Munitions.
explosive submunition has the meaning given by paragraph 3 of Article 2 of the Convention on Cluster Munitions.
police officer means:
 (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (b) a special member of the Australian Federal Police (within the meaning of that Act); or
 (c) a member (however described) of a police force of a State or Territory.
transfer has the meaning given by paragraph 8 of Article 2 of the Convention on Cluster Munitions.
Note: Imports and exports are some examples of transfers.

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.
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 (danger of death or serious harm etc.)
 (1) A person (the first person) commits an offence against this section if the first person commits the offence of people smuggling (the underlying offence) in relation to another person (the victim) and either or both of the following apply:
 (b) in committing the underlying offence, the first person subjects the victim to cruel, inhuman or degrading treatment;
 (c) in committing the underlying offence:
 (i) the first person's conduct 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