Anti-People Smuggling and Other Measures Act 2010 (Cth)

Anti‑People Smuggling and Other Measures Act 2010

No. 50, 2010

An Act to combat people smuggling, and for other purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to people smuggling Part 1—Main amendments Criminal Code Act 1995 Migration Act 1958 Part 2—Consequential amendments Migration Act 1958 Proceeds of Crime Act 2002 Surveillance Devices Act 2004 Telecommunications (Interception and Access) Act 1979 Schedule 2—Amendment of the Australian Security Intelligence Organisation Act 1979 Schedule 3—Amendment of the Telecommunications (Interception and Access) Act 1979

Anti-People Smuggling and Other Measures Act 2010 No. 50, 2010

An Act to combat people smuggling, and for other purposes

[Assented to 31 May 2010]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Anti‑People Smuggling and Other Measures Act 2010.

2 Commencement This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments relating to people smuggling

Part 1—Main amendments

Criminal Code Act 1995

1 Paragraph 73.1(1)(c) of the Criminal Code Omit "and".

2 Paragraph 73.1(1)(d) of the Criminal Code Repeal the paragraph.

3 Subsection 73.2(1) of the Criminal Code Repeal the subsection, substitute: (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 any of the following applies: (a) the first person commits the underlying offence intending that the victim will be exploited after entry into the foreign country (whether by the first person or another); (b) in committing the underlying offence, the first person subjects the victim to cruel, inhuman or degrading treatment; (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. (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. (2A) 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. Note: The heading to section 73.2 is replaced by the heading "Aggravated offence of people smuggling (exploitation, or danger of death or serious harm etc.)".