Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 233A

  (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.