Criminal Code Act. Australia
Чтение книги онлайн.

Читать онлайн книгу Criminal Code Act - Australia страница 26

Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ 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.

      (3) In this section:

      forced labour means the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:

      (a) is not free to cease providing labour or services; or

      (b) is not free to leave the place or area where the person provides labour or services.

      sexual servitude has the same meaning as in Division 270.

      slavery has the same meaning as in Division 270.

      threat means:

      (a) a threat of force; or

      (b) a threat to cause a person’s deportation; or

      (c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by a person.

      73.3 Aggravated offence of people smuggling (at least 5 people)

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

      (a) the first person organises or facilitates the entry of a group of at least 5 persons (the other persons) into a foreign country (whether or not via Australia); and

      (b) the entry of at least 5 of the other persons into the foreign country does not comply with the requirements under that country’s law for entry into that country; and

      (c) at least 5 of the other persons whose entry into the foreign country is covered by paragraph (b) are not citizens or permanent residents of the foreign country.

      Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.

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

      (3) If, on a trial for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of that offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 73.1(1), the trier of fact may find the defendant not guilty of an offence against subsection (1) but guilty of an offence against subsection 73.1(1), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

      73.3A Supporting the offence of people smuggling

      (1) A person (the first person) commits an offence if:

      (a) the first person provides material support or resources to another person or an organisation (the receiver); and

      (b) the support or resources aids the receiver, or a person or organisation other than the receiver, to engage in conduct constituting the offence of people smuggling.

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

      (2) Subsection (1) does not apply if the conduct constituting the offence of people smuggling relates, or would relate, to:

      (a) the first person; or

      (b) a group of persons that includes the first person.

      (3) To avoid doubt, the first person commits an offence against subsection (1) even if the offence of people smuggling is not committed.

      73.4 Jurisdictional requirement

      A person commits an offence against this Subdivision only if:

      (a) both:

      (i) the person is an Australian citizen or a resident of Australia; and

      (ii) the conduct constituting the alleged offence occurs wholly outside Australia; or

      (b) both:

      (i) the conduct constituting the alleged offence occurs wholly or partly in Australia; and

      (ii) a result of the conduct occurs, or is intended by the person to occur, outside Australia.

      73.5 Attorney-General’s consent required

      (1) Proceedings for an offence against this Subdivision must not be commenced without the Attorney-General’s written consent.

      (2) However, a person may be arrested, charged, remanded in custody or released on bail in connection with an offence against this Subdivision before the necessary consent has been given.

      Subdivision B

      Document offences related to people smuggling and unlawful entry into foreign countries

      73.6 Meaning of travel or identity document

      (1) For the purposes of this Subdivision, a document is a travel or identity document if it is:

      (a) a travel document; or

      (b) an identity document.

      73.7 Meaning of false travel or identity document

      (1) For the purposes of this Subdivision, a travel or identity document is a false travel or identity document if, and only if:

      (a) the document, or any part of the document:

      (i) purports to have been made in the form in which it is made by a person who did not make it in that form; or

      (ii) purports to have been made in the form in which it is made on the authority of a person who did not authorise its making in that form; or

      (b) the document, or any part of the document:

      (i) purports to have been made in the terms in which it is made by a person who did not make it in those terms; or

      (ii) purports to have been made in the terms in which it is made on the authority of a person who did not authorise its making in those terms; or

      (c) the document, or any part of the document:

      (i) purports to have been altered in any respect by a person who did not alter it in that respect; or

      (ii) purports to have been altered in any respect on the authority of a person who did not authorise its alteration in that respect; or

      (d) the document, or any part of the document:

      (i) purports to have been made or altered by a person who did not exist; or

      (ii) purports to have been made or altered on the authority of a person who did not exist; or

      (e) the document, or any part of the document, purports to have been made or altered on a date on which, at a time at which, СКАЧАТЬ