Section 233A — People smuggling causing death or danger
Text of provision
(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.
Plain English
Section 233A provides that a person commits an offence if they engage in people smuggling (as defined in s 232) and the smuggling causes the death of, or danger of death or serious harm to, any of the persons being smuggled. The offence carries a maximum penalty of life imprisonment. This provision has been applied in cases involving overloaded vessels that sank or encountered life-threatening conditions.
Practical effect
Section 233A carries the most severe penalty of any people smuggling offence — life imprisonment. The provision reflects the Australian Parliament's view that endangering the lives of smuggled persons is among the most serious criminal conduct. The offence does not require that death actually occur — danger of death is sufficient. Prosecutions under s 233A are rare but not unprecedented; they have been brought following maritime disasters in the waters around Australia and Indonesia.