# Carriage of concealed persons to Australia

> act-s230 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

230 Carriage of concealed persons to Australia
          (1) The master, owner, agent and charterer of a vessel each commit an
              offence against this section if an unlawful non-citizen is concealed
              on the vessel when it arrives in the migration zone.
               Penalty: 100 penalty units.
        (1A) The master, owner, agent and charterer of a vessel each commit an
             offence against this section if:
               (a) a person is concealed on the vessel when it arrives in
                   Australia; and
              (b) the person would, if in the migration zone, be an unlawful
                   non-citizen.
               Penalty: 100 penalty units.
        (1B) An offence against subsection (1) or (1A) is an offence of strict
             liability.
               Note:      For strict liability, see section 6.1 of the Criminal Code.

          (2) Subsection (1) does not apply if the master of the vessel:
               (a) as soon as it arrives in the migration zone, gives notice to an
                   officer that the non-citizen is on board; and
               (b) prevents the non-citizen from landing without an officer
                   having had an opportunity to question the non-citizen.
               Note:      A defendant bears an evidential burden in relation to the matters in
                          subsection (2) (see subsection 13.3(3) of the Criminal Code).

        (2A) Subsection (1A) does not apply if the master of the vessel:
              (a) as soon as it arrives in Australia, gives notice to an officer
                  that the person is on board; and
              (b) prevents the person from leaving the vessel without an
                  officer having had an opportunity to question the person.
               Note:      A defendant bears an evidential burden in relation to the matters in
                          subsection (2A) (see subsection 13.3(3) of the Criminal Code).