Criminal Code Act 1995
Section 3
CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS[ CCH Note: Subdiv A heading will be inserted by No 5 of 2024, s 3 and Sch 1 item 1, applicable in relation to conduct engaged in on or after 8 September 2024. The heading will read:
]Subdivision A - Definitions
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;
(d) (Repealed by No 50 of 2010)
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
View history note
Hide history note(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.
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