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MIGRATION ACT 1958 - SECT 233B

Aggravated offence of people smuggling (danger of death or serious harm etc.)

             (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 either or both of the following apply:

                     (b)  in committing the underlying offence, the first person subjects the victim to cruel, inhuman or degrading treatment (within the ordinary meaning of that expression);

                     (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.

Note:          Sections 236A and 236B limit conviction and sentencing options for offences against this section.

             (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.

             (3)  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.

             (4)  In this section:

"serious harm " has the same meaning as in the Criminal Code.



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