Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p7
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 7/44)
Character Range: 188730–191397

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) There is no fault element for the physical element of conduct described in subsection (1), that the first person commits the underlying offence, other than the fault elements (however described), if any, for the underlying offence.
 (2A) To avoid doubt, the first person may be convicted of an offence against this section even if the first person has not been convicted of the underlying offence.

73.3  Aggravated offence of people smuggling (at least 5 people)
 (1) A person (the first person) is guilty of an offence if:
 (a) the first person organises or facilitates the entry of a group of at least 5 persons (the other persons) into a foreign country (whether or not via Australia); and
 (b) the entry of at least 5 of the other persons into the foreign country does not comply with the requirements under that country's law for entry into that country; and
 (c) at least 5 of the other persons whose entry into the foreign country is covered by paragraph (b) are not citizens or permanent residents of the foreign country.
Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.
 (2) Absolute liability applies to the paragraph (1)(c) element of the offence.
 (3) If, on a trial for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of that offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 73.1(1), the trier of fact may find the defendant not guilty of an offence against subsection (1) but guilty of an offence against subsection 73.1(1), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

73.3A  Supporting the offence of people smuggling
 (1) A person (the first person) commits an offence if:
 (a) the first person provides material support or resources to another person or an organisation (the receiver); and
 (b) the support or resources aids the receiver, or a person or organisation other than the receiver, to engage in conduct constituting the offence of people smuggling.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
 (2) Subsection (1) does not apply if the conduct constituting the offence of people smuggling relates, or would relate, to:
 (a) the first person; or
 (b) a group of persons that includes the first person.
 (3) To avoid doubt, the first person commits an offence against subsection (1)