Commonwealth Consolidated Acts

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Aggravated offence of people smuggling (at least 5 people)

             (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 a group of at least 5 persons (the other persons ); and

                     (b)  at least 5 of the other persons are non-citizens; and

                     (c)  the persons referred to in paragraph (b) who are non-citizens had, or have, no lawful right to come to Australia.

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

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

             (3)  If, on a trial for an offence against subsection (1), the trier of fact:

                     (a)  is not satisfied that the defendant is guilty of that offence; and

                     (b)  is satisfied beyond reasonable doubt that the defendant is guilty of the offence of people smuggling;

the trier of fact may find the defendant not guilty of an offence against subsection (1) but guilty of the offence of people smuggling, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

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