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