# Offence of people smuggling

> act-s233A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

233A Offence of people smuggling
          (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.