Offences of people smuggling carry severe penalties. People smugglers are individuals or groups who assist others to enter Australia illegally. This can include providing transportation, accommodation, or other assistance to people who are seeking to enter Australia without a valid visa.
It involves the illegal transportation of people across international borders, often for financial gain. The Australian government has taken a strong stance against people smuggling, and those found guilty of this offence can face severe legal consequences.
People smuggling is a dangerous and exploitative practice. People smugglers often put their clients at risk of harm, including death, injury, and sexual assault. They may also charge exorbitant fees for their services, leaving their clients in debt and vulnerable to further exploitation.
The Migration Act 1958 sets out legal provisions for the offence of people smuggling. Read on to learn more.
Section 233A: Offence of People Smuggling
According to Section 233A, a person commits people smuggling if the offender organises or facilitates the bringing or coming to Australia of:
- A person who is a non-citizen (Absolute liability applies to a person smuggling a non-citizen into Australia); and
- A person who had or has no lawful right to come to Australia
The maximum penalty for this offence is imprisonment for 10 years or 1,000 penalty units, or both.
Section 233B: Aggravated Offences of People Smuggling (Danger of Death or Serious Harm)
Section 233B states that a person commits an aggravated offence of people smuggling if there is:
- Cruel, Inhuman or Degrading Treatment: The offender subjects the victim to cruel, inhuman or degrading treatment.
- Danger of Death or Serious Harm: The offender’s conduct gives rise to a danger of death or serious harm to the victim, and the first person is reckless as to that danger.
The maximum penalty for this offence is imprisonment for 20 years or 2,000 penalty units, or both. The offender’s intention or knowledge of the physical elements of the underlying offence is not always relevant to the level of harm that is caused.
Therefore, the aggravated offence of people smuggling is intended to punish offenders who engage in serious forms of people smuggling, even if they did not intend to cause the victim harm.
To avoid doubt, the first person may be convicted of people smuggling in this section. This is the case even if the first person has not been convicted of the underlying offence.
Section 233C: Aggravated Offences of People Smuggling (At Least 5 People)
Section 233C of the offence of people smuggling outlines the smuggling of at least 5 people. This applies if a group of at least 5 people, and at least 5 of those people are non-citizens who had, or have, no lawful right to come to Australia. Absolute liability also applies to people who smuggle at least 5 people who are non-citizens of Australia.
The jury can find the defendant not guilty of the aggravated offence of people smuggling. This is if they are not sure if the defendant is guilty of that offence. However, they must also be sure that the defendant is guilty of the basic offence of people smuggling.
Section 233D: Supporting the Offences of People Smuggling
Section 233D of provisions defines the offence of supporting people smuggling. This offence applies when someone provides material support or resources to another person or organisation to engage in people smuggling. The maximum penalty for this offence is imprisonment for 10 years or 1,000 penalty units, or both.
Subsection (2) of the section provides an exception to the offence. The exception applies if the conduct constituting the offence of people smuggling relates, or would relate, to the first person or a group of persons that includes the first person.
Subsection (3) of the section provides that the first person commits an offence against Section 233D(1). This is the case even if the offence of people smuggling is not committed.
Section 233E: Concealing and Harbouring Non-Citizens Etc.
Section 233E defines three offences relating to concealing and harbouring non-citizens.
Offence (1): This offence applies if a person conceals another person who is a non-citizen with the intention that the non-citizen will enter Australia. The maximum penalty for this offence is imprisonment for 10 years or 1,000 penalty units, or both.
Offence (2): This offence applies if a person conceals another person who is an unlawful non-citizen or a deportee with the intention of preventing discovery by an officer of the non-citizen. The maximum penalty for this offence is imprisonment for 10 years or 1,000 penalty units, or both.
Offence (3): This offence applies if a person harbours another person who is an unlawful non-citizen, a removee or a deportee. The maximum penalty for this offence is imprisonment for 10 years or 1,000 penalty units, or both.
Reporting or Avoiding People Smuggling in Australia
If you suspect that someone is involved in people smuggling, you can report it to the Australian Federal Police (AFP). The AFP has a dedicated team that investigates people smuggling and related offences. To avoid committing the offence of people smuggling, it is important to follow the Australian migration laws and regulations.
The Importance of Seeking Legal Advice
We at JB Solicitors have extensive experience in migration law matters. Our team can help you understand the charges against you and develop a defence strategy. Moreover, our team can also represent you in court and negotiate with the prosecution on your behalf. Here are some ways a migration lawyer can help you with migration law matters like people smuggling:
- Provide legal advice and representation: We can provide you with legal advice on the charges against you and develop a defence strategy. They can also represent you in court and negotiate with the prosecution on your behalf.
- Understand the law: We have extensive experience in migration law, and they can help you understand the legal issues involved in your case.
- Protect your rights: We will fight to protect your rights throughout the legal process.
- Represent you in court: Our solicitors have a proven track record of success in court, and they will fight for the best possible outcome for you.
Contact us today if you need more information about offences under the Migration Act 1958.
