Document ID: chunk:federal_register_of_legislation:C2004A01078:clause:1_1:p5
Version: federal_register_of_legislation:C2004A01078
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 5/6)
Character Range: 13104–15812

the entry of the other person into the foreign country would not comply with the requirements under that country's law for entry into the country; and
 (d) the first person provided or possessed the document:
 (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) For the purposes of subsection (1), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.

 (3) For the purposes of subsection (1), dishonest means:
 (a) dishonest according to the standards of ordinary people; and
 (b) known by the defendant to be dishonest according to the standards of ordinary people.

 (4) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.

73.10  Providing or possessing a travel or identity document to be used by a person who is not the rightful user

  A person (the first person) is guilty of an offence if:
 (a) the first person provides or possesses a travel or identity document; and
 (b) the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country's law for entry into the country; and
 (c) the first person knows that the other person is not the person to whom the document applies; and
 (d) the first person provided or possessed the document:
 (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.

73.11  Taking possession of or destroying another person's travel or identity document

  A person (the first person) is guilty of an offence if:
 (a) the first person takes possession of, or destroys, a travel or identity document that applies to another person (the other person); and
 (b) the first person does so intending to conceal the other person's identity or nationality; and
 (c) at the time of doing so, the first person intends to organise or facilitate the entry of the other person into a foreign country:
 (i) having obtained, or with the intention of obtaining, whether directly or indirectly, a benefit to organise or facilitate that entry; and
 (ii) where the entry of the other person into the foreign country would not comply with the requirements under that country's law for entry into the country.

Penalty: Imprisonment for 10 years or