Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Division 73 - People smuggling and related offences  

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

SECTION 73.9   Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats  

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

(a) the first person provides or possesses a travel or identity document; and

(b) the first person knows that:

(i) the issue of the travel or identity document; or

(ii) an alteration of the travel or identity document;
has been obtained dishonestly or by threats; and

(c) the first person intends that the document will be used to facilitate the entry of another person (the other person ) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country ' s law for entry into the country; and

(d) the first person provided or possessed the document:

(i) having obtained (whether directly or indirectly) a benefit to do so; or

(ii) with the intention of obtaining (whether directly or indirectly) a benefit.

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

For the purposes of subsection (1) , a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

For the purposes of subsection (1) , dishonest means:

(a) dishonest according to the standards of ordinary people; and

(b) known by the defendant to be dishonest according to the standards of ordinary people.

In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.