1 The Schedule (at the end of Chapter 4 of the Criminal Code)
10 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
A threat may be express or implied, or conditional or unconditional.
10(2) Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
Dishonest means are defined as dishonest according to the standards of ordinary people.
10(3) Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
...dishonest according to the standards of ordinary people.
Determination of dishonesty is a matter for the trier of fact.
10(4) Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
12 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
6 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
threat has the same meaning as in Division 270.
slavery has the same meaning as in Division 270.
73 Section 73
Providing or possessing a travel or identity document to be used by someone who is not the rightful user is an offence.
Prohibits providing or possessing a travel or identity document.
The first person provides or possesses a travel or identity document.
Taking possession of or destroying another person's travel or identity document is prohibited.
Prohibits taking possession of or destroying another person's travel or identity document.
Jurisdictional requirement for an offence against this Subdivision.
Defines the temporal interval for the jurisdictional requirement.
Section 15.2 (extended geographical jurisdiction—category B)
Defines a cognitive action for the jurisdictional requirement.
Defines a diffusion for the jurisdictional requirement.
Defines a trace for the jurisdictional requirement.
Offence of people smuggling with intent to exploit or subject to cruel treatment
73(1) Section 73
...and (ii) the first person is reckless as to the danger of death or serious harm to the victim that arises from the conduct.
Defines temporal interval for reckless conduct
(c) in committing the offence, the first person’s conduct: (i) 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.
The first person is guilty of an offence if...
Prohibits people smuggling with intent to exploit or subject to cruel treatment
(a) the first person commits the offence intending that the victim will be exploited after entry into the foreign country (whether by the first person or another);
Prohibits people smuggling with subject to cruel treatment
(b) in committing the offence, the first person subjects the victim to cruel, inhuman or degrading treatment;
Prohibits people smuggling with reckless conduct
Defines recurring trace for reckless conduct
Exploitation of a victim is prohibited if it causes slavery, forced labor, or sexual servitude.
73(2) Section 73
Forced labour and sexual servitude are prohibited.
73(3) Section 73
Prohibits forced labour and sexual servitude.
Defines sexual servitude as in Division 270.
Organising or facilitating entry of non-compliant group into foreign country is prohibited.
(a) the first person organises or facilitates the entry of a group of at least 5 persons (the other persons) into a foreign country
(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
(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
(d)(i) having obtained (whether directly or indirectly) a benefit to do so
(d)(ii) with the intention of obtaining (whether directly or indirectly) a benefit
Absolute liability applies to the paragraph (1)(c) element of the offence.
Procedural fairness in relation to finding of guilt
Jurisdictional requirement for committing an offence against this Subdivision.
A result of the conduct occurs, or is intended by the person to occur, outside Australia.
Temporal relationship between conduct and result of conduct.
The conduct constituting the alleged offence occurs partly in Australia.
The conduct constituting the alleged offence occurs wholly outside Australia.
Requires jurisdictional requirement for committing an offence.
The person must be an Australian citizen or resident of Australia.
No commencement of proceedings without Attorney-General's consent.
Temporal overlap between proceedings and subdivision.
(1) Proceedings for an offence against this Subdivision must not be commenced without the Attorney-General’s written consent.
Attorney-General's consent implies no commencement of proceedings.
Prohibition on commencement of proceedings without consent.
Consent propagates to all related proceedings.
Consent required before arrest, charge, or remand in custody
...before the necessary consent has been given.
Consent is necessary for arrest, charge, or remand in custody
(2) However, a person may be arrested...
Arrest, charge, or remand in custody allowed without consent
State has an obligation to provide consent before arrest, charge, or remand in custody
There is a possibility that arrest, charge, or remand in custody will occur without consent
Arrest, charge, or remand in custody occurs until consent is given
Definition of document for travel or identity purposes
Defines identity documents and travel documents.
A travel or identity document is false if it purports to have been made in a certain form or on the authority of a person who did not authorise its making.
Prohibits the creation or use of false travel or identity documents.
Altering a false travel or identity document is prohibited.
The altered and original documents overlap.
Overlapping intervals of altered and original documents.
(2) For the purposes of this Subdivision, a person is taken to make a false travel or identity document if the person alters a document so as to make it a false travel or identity document (whether or not it was already a false travel or identity document before the alteration).
Recognition of altered documents by AI systems.
Prohibition of altering a false travel or identity document.
Information about altered documents diffuses.
Diffusing information about altered documents.
The altered documents form a recurring trace.
The document is considered the original document
Obligation to provide authentic documents
Document purports to be a true copy of another document
Making, providing or possessing a false travel or identity document is an offence.
Prohibits making, providing or possessing a false travel or identity document.
Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats is an offence.
Prohibits providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats.
The provision or possession of such a document is an offence.
Prohibits providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats for personal gain.
The provision or possession of such a document is done with the intention of obtaining a benefit.
Prohibits providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats to obtain a benefit for another person.
The provision or possession of such a document is done with the intention of facilitating the entry of another person into a foreign country.
Organising or facilitating entry into a foreign country without complying with local law is an offence.
(the first person is guilty of an offence if...)
Defines temporal overlap between actions
(c) the other person is not a citizen or permanent resident of the foreign country; and
(a) the first person organises or facilitates the entry of another person into a foreign country (whether or not via Australia); and
Imposes obligation on the first person to comply with local law
(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
Prohibits obtaining benefits from facilitating entry into a foreign country
(d) the first person organises or facilitates the entry: (i) having obtained (whether directly or indirectly) a benefit to do so; or
Prohibits obtaining benefits from facilitating entry into a foreign country with intention
(d) the first person organises or facilitates the entry: (ii) with the intention of obtaining (whether directly or indirectly) a benefit.
Defines people smuggling as an offence under the Code.
Imposes a prohibition on people smuggling.
8 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
Insert Chapter 9—Dangers to the community
1 The Schedule (after Chapter 8 of the Criminal Code)
Defines firearm law as a law of a State or Territory prescribed by regulations.
14 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
Defines the temporal relationship between the firearm law and the regulations.
firearm law means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.
Identifies the type of law being referred to.
firearm means a firearm within the meaning of the firearm law mentioned in paragraph (1)(c).
Identifies the type of firearm being referred to.
360 Section 360
Engaging in cross-border firearms trafficking is an offence.
360(1) Section 360
Absolute liability applies to the paragraph (1)(a) element of the offence.
360(2) Section 360
360(3) Section 360
Taking or sending a firearm across state or territory boundaries without proper disposal is an offence.
The person must dispose of the firearm within a certain time frame.
Defines a temporal interval for proper disposal of a firearm.
(b) the person does so intending that the firearm will be disposed of in the other State or Territory...
Taking or sending a firearm across state or territory boundaries is an offence.
Prohibits taking or sending a firearm across state or territory boundaries.
(a) in the course of trade or commerce among the States, between Territories or between a Territory and a State...
The person has an obligation to dispose of the firearm properly.
Imposes an obligation to dispose of a firearm properly.
The person must not know or be reckless about proper disposal of the firearm.
Prohibits knowing or recklessness about proper disposal of a firearm.
(c) the person knows that, or is reckless as to whether...
Duty to report cross-border firearms trafficking
Concurrent operation of laws is not excluded or limited.
Acquisition of a firearm is defined by the state.
Temporal relation between acquisition and possession
(b) the person hires, leases or rents the firearm from another person;
(2) For the purposes of this Division, and without limitation, a person acquires a firearm if any of the following applies:
1 Section 16G
1 Section 1
Absolute liability applies to certain elements of the offence.
10 The Schedule (after subsection 137.1(1) of the Criminal
Absolute liability is a legal obligation.
11 The Schedule (subparagraph 145.2(3)(a)(i) of the Criminal
12 The Schedule (after subsection 147.1(1A) of the Criminal
Court may determine charge summarily with consent of defendant and prosecutor.
12(1B) The Schedule (after subsection 147.1(1A) of the Criminal
Permission to determine charge summarily.
Court cannot impose sentence exceeding 2 years or fine exceeding 120 penalty units.
12(1C) The Schedule (after subsection 147.1(1A) of the Criminal
Court cannot impose excessive sentence or fine.
False representation as a public official
13 The Schedule (paragraphs 148.1(2)(a) and (b) of the
Prohibits false representation as a public official
Repeal subsection and substitute with new provision
14 The Schedule (subsection 148.1(2A) of the Criminal Code)
False representation of being a Commonwealth public official
15 The Schedule (subparagraph 148.1(3)(a)(ii) of the Criminal
Absolute liability applies to a specific element of the offence.
16 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
16 The Schedule (subsection 148.1(3A) of the Criminal Code)
absolute liability applies to the paragraph (1)(b) element of the offence.
Temporal relation between the absolute liability and the paragraph (1)(b) element
Classification of absolute liability for the paragraph (1)(b) element
paragraph (1)(b) element of the offence.
Diffusion of absolute liability for the paragraph (1)(b) element
Recurring trace of absolute liability for the paragraph (1)(b) element
Official cannot falsely represent themselves as a Commonwealth public official.
17 The Schedule (paragraphs 148.2(2)(a) and (b) of the
18 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
18 The Schedule (subsection 148.2(2A) of the Criminal Code)
Prohibits falsely representing oneself as a Commonwealth public official in a particular capacity.
19 The Schedule (subparagraph 148.2(3)(a)(ii) of the Criminal
2 Section 19AG
2 Section 2
20 The Schedule (subsection 148.2(3A) of the Criminal Code)
20 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
Insert 'or making electronic funds transfers' into the definition of cash dealer
21 Subsection 3(1) (subparagraph (k)(ib) of the definition of
Prohibits making electronic funds transfers
A person carrying on a business in Australia of arranging for funds to be made available outside Australia.
22 Subsection 3(1) (after paragraph (k) of the definition of
Obligation on the state to regulate cash dealers.
Omit sections 81 and 82 of the Proceeds of Crime Act 1987, substitute Division 400 of the Criminal Code.
23 Section 17
24 Subsection 4(1)
Establishes a class hierarchy for the Immigration Minister
Consultation with Immigration Minister required for prisoner transfer request
25 At the end of section 13
26 Section 57
3 Subsection 19AR(6)
Insert Gamma-hydroxybutyric acid into Schedule 3
4 Part 1 of Schedule 3 (after table item dealing with
Omit “or its proceeds”, substitute ‘, its proceeds or value’.
5 The Schedule (paragraph 131.7(1)(b) of the Criminal Code)
Consent of the Immigration Minister required for transfer to Australia
57 Consent of the Immigration Minister
Consent occurs during Attorney-General's proposal
Occurs during Attorney-General's proposal
Immigration Minister must consent before Attorney-General proposes
Requires consent from Immigration Minister
Obtain financial advantage from Commonwealth entity without eligibility
6 The Schedule (subsection 135.2(1) of the Criminal Code)
Prohibits obtaining financial advantage from Commonwealth entity without eligibility
7 The Schedule (subsection 135.2(2) of the Criminal Code)
Obtaining financial advantage from Commonwealth entity for ineligible person
7(2) The Schedule (subsection 135.2(2) of the Criminal Code)
(2) A person is guilty of an offence if: (a) the person obtains a financial advantage for another person from a third person, knowing or believing that the other person is not eligible to receive that financial advantage; and (b) the third person is a Commonwealth entity.
Defines temporal relation between obtaining financial advantage and Commonwealth entity eligibility
Classifies as offence under Criminal Code using AI
Prohibits obtaining financial advantage from Commonwealth entity for ineligible person
Diffuses information about obtaining financial advantage from Commonwealth entity for ineligible person
Defines recurring trace of obtaining financial advantage from Commonwealth entity for ineligible person
Absolute liability applies to the paragraph (2)(b) element of the offence.
7(2A) The Schedule (subsection 135.2(2) of the Criminal Code)
8 The Schedule (after subsection 136.1(1) of the Criminal
9 The Schedule (after subsection 136.1(4) of the Criminal
1 Short title
1 January 2003
16 January 2003
19 December
2 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
2 Commencement
Schedule 3 items 1 to 22, effective 28 days after Royal Assent.
3 Section 3
Amendment and repeal of Acts specified in Schedules
3 Schedule(s)
Commences sections 3 to 338 of the Proceeds of Crime Act 2002 concurrently with Schedule 3, item 23.
4 Section 4
Amendments apply to sentences imposed after commencement of Schedule 3 items
4 Transitional—items 1, 2 and 3 of Schedule 3
4 Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other
Schedule 3, items 24 to 26, on the 28th day after Royal Assent
5 Section 5
An Act to amend various Acts relating to law and justice, and for related purposes
Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other Measures) Act 2002