Criminal Code Act. Australia

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СКАЧАТЬ a mine;

      (d) a missile;

      (e) a perforator;

      (f) a projectile;

      (g) a rocket;

      (h) a shaped charge;

      (i) a shell.

      export includes take from Australia.

      first marking requirement has the meaning given by subsection 72.33(2).

      high explosive means an explosive with a velocity of detonation that is greater than the velocity of sound in the explosive (typically greater than 340 metres per second), and includes the following:

      (a) cyclotetramethylenetetranitramine (HMX);

      (b) pentaerythritol tetranitrate (PETN);

      (c) cyclotrimethylenetrinitramine (RDX).

      import includes bring into Australia.

      manufacture a substance means any process by which a substance is produced, and includes the following:

      (a) the process of transforming a substance into a different substance;

      (b) the reprocessing of a substance.

      marking requirement has the meaning given by section 72.33.

      minimum manufacture concentration has the meaning given by section 72.34.

      Minister for Defence means the Minister administering the Defence Act 1903.

      plastic explosive means an explosive product (including an explosive product in flexible or elastic sheet form) that is:

      (a) formulated with:

      (i) one or more high explosives which in their pure form have a vapour pressure less than 10¯4 Pa at a temperature of 25 °C; and

      (ii) a binder material; and

      (b) as a mixture, malleable or flexible at normal room temperature.

      possess a substance includes the following:

      (a) receive or obtain possession of the substance;

      (b) have control over the disposition of the substance (whether or not the substance is in the custody of the person);

      (c) have joint possession of the substance.

      responsible Minister means:

      (a) the Minister; or

      (b) the Minister for Defence.

      second marking requirement has the meaning given by subsection 72.33(3).

      traffic in a substance means:

      (a) transfer the substance; or

      (b) offer the substance for sale; or

      (c) invite the making of offers to buy the substance; or

      (d) prepare the substance for transfer with the intention of transferring any of it or believing that another person intends to transfer any of it; or

      (e) transport or deliver the substance with the intention of transferring any of it or believing that another person intends to transfer any of it; or

      (f) guard or conceal the substance with the intention of transferring any of it or the intention of assisting another person to transfer any of it; or

      (g) possess the substance with the intention of transferring any of it.

      For the purposes of paragraph (d), preparing a substance for transfer includes packaging the substance or separating the substance into discrete units.

      transfer means transfer ownership or possession.

      unmarked plastic explosive means a plastic explosive that breaches a marking requirement.

      wrapper, in relation to a plastic explosive, means a wrapper the inner surface of which is in contact with the plastic explosive.

      Division 73

      People smuggling and related offences

      Subdivision A

      People smuggling offences

      73.1 Offence of people smuggling

      (1) A person (the first person) is guilty of an offence if:

      (a) the first person organises or facilitates the entry of another person (the other person) into a foreign country (whether or not via Australia); and

      (b) the entry of the other person into the foreign country does not comply with the requirements under that country’s law for entry into the country; and

      (c) the other person is not a citizen or permanent resident of the foreign country.

      Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

      (2) Absolute liability applies to the paragraph (1)(c) element of the offence.

      (3) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of people smuggling.

      73.2 Aggravated offence of people smuggling (exploitation, or 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 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) СКАЧАТЬ