Anti-People Smuggling and Other Measures Act 2010 (50 of 2010)

Schedule 1   Amendments relating to people smuggling

Part 1   Main amendments

Criminal Code Act 1995

3   Subsection 73.2(1) of the Criminal Code

Repeal the subsection, substitute:

(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 any of the following applies:

(a) the first person commits the underlying 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 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 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.

Note: The heading to section 73.2 is replaced by the heading " Aggravated offence of people smuggling (exploitation, or danger of death or serious harm etc.) ".