Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 233A

Offence of people smuggling

             (1)  A person (the first person ) commits an offence if:

                     (a)  the first person organises or facilitates the bringing or coming to Australia, or the entry or proposed entry into Australia, of another person (the second person ); and

                     (b)  the second person is a non-citizen; and

                     (c)  the second person had, or has, no lawful right to come to Australia.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

             (2)  Absolute liability applies to paragraph (1)(b).

Note:          For absolute liability, see section 6.2 of the Criminal Code .

             (3)  For the purposes of this Act, an offence against subsection (1) is to be known as the offence of people smuggling.



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