# Aggravated offence of people smuggling (at least 5 people)

> act-s233C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

233C Aggravated offence of people smuggling (at least 5 people)
          (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
                   a group of at least 5 persons (the other persons); and
               (b) at least 5 of the other persons are non-citizens; and
               (c) the persons referred to in paragraph (b) who are non-citizens
                   had, or have, no lawful right to come to Australia.
               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) Absolute liability applies to paragraph (1)(b).
               Note:      For absolute liability, see section 6.2 of the Criminal Code.

          (3) If, on a trial for an offence against subsection (1), the trier of fact:
                (a) is not satisfied that the defendant is guilty of that offence;
                     and
                (b) is satisfied beyond reasonable doubt that the defendant is
                     guilty of the offence of people smuggling;









               the trier of fact may find the defendant not guilty of an offence
               against subsection (1) but guilty of the offence of people
               smuggling, so long as the defendant has been accorded procedural
               fairness in relation to that finding of guilt.