ian wrote on Jul 15
th, 2014 at 7:44pm:
Alinta wrote on Jul 15
th, 2014 at 7:12pm:
Ian.....check S233A of the Migration Act. I think the Uni Law School article use of "illegal entry" is at odds with the legislation.
AFP
Quote:People smugglers are individuals or groups who assist others to illegally enter a country. In the case of Australia, people smugglers provide air or sea access.
http://www.afp.gov.au/policing/people-smuggling.aspx
Aust institute of crime
Quote:Although the facilitated illegal movement of people across international borders isn’t
a “new” crime, “people smuggling” is considered to be the fastest-growing form of
transnational crime today.
http://www.aic.gov.au/media_library/conferences/outlook4/tailby.pdf
And an actual court case regarding people smuggling
Quote:The defendant was the captain of a vessel boarded on 6 October 2008 by the Royal Australian Navy. There were 14 suspected illegal immigrants on board
http://www.cdpp.gov.au/case-reports/?casestudy_category=people-smuggling
You were told exactly where to look, yet you chose to ignore the advice.
Web sites aren't legislation, ian. You need to look at the Act (as you were advised).
"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."http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s233a.htmlI've highlighted the relevant parts, to make it easier for you.
You will notice, of course, that the word "illegal" does not appear anywhere.
To recap:
Enter without a visa = not illegal
Pay a people smuggler = not illegal
Be a people smuggler = illegal
Here endeth the lesson.