# Aggravated offence of people smuggling (danger of death or serious harm etc.)

> act-s233B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

233B Aggravated offence of people smuggling (danger of death or
         serious harm etc.)
          (1) A person (the first person) commits an offence against this section
              if the first person commits the offence of people smuggling (the
              underlying offence) in relation to another person (the victim) and
              either or both of the following apply:
                (b) in committing the underlying offence, the first person
                     subjects the victim to cruel, inhuman or degrading treatment
                     (within the ordinary meaning of that expression);
                (c) in committing the underlying offence:
                       (i) the first person’s conduct 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.
               Penalty: Imprisonment for 20 years or 2,000 penalty units, or
                        both.









               Note:      Sections 236A and 236B limit conviction and sentencing options for
                          offences against this section.

          (2) There is no fault element for the physical element of conduct
              described in subsection (1), that the first person commits the
              underlying offence, other than the fault elements (however
              described), if any, for the underlying offence.
          (3) To avoid doubt, the first person may be convicted of an offence
              against this section even if the first person has not been convicted
              of the underlying offence.
          (4) In this section:
               serious harm has the same meaning as in the Criminal Code.