Division 7 — People Smuggling and Related offences
Offence of people smuggling
122.—(1) A person (the first person) commits an indictable offence if—
(a) the first person organises or facilitates the entry of another person (the other person) into a foreign country (whether or not via Fiji); and
(b) the entry of the other person into the foreign country does not comply with the requirements under that country’s law for entry into the country; and
(c) the other person is not a citizen or permanent resident of the foreign country; and
(d) the first person organises or facilitates the entry—
(i) having obtained (whether directly or indirectly) a benefit to do so; or
(ii) with the intention of obtaining (whether directly or indirectly) a benefit.
Penalty — Imprisonment for 10 years or 500 penalty units, or both.
(2) Absolute liability applies to the sub-section (1)(c) element of the offence.
(3) For the purposes of this Decree, an offence against sub-section (1) is to be known as the offence of people smuggling.
Aggravated offence of people smuggling (exploitation etc.)
123.—(1) A person (the first person) commits an indictable offence if the first person commits the offence of people smuggling in relation to another person (the victim) and any of the following applies—
(a) the first person commits the offence intending that the victim will be exploited after entry into the foreign country (whether by the first person or another);
(b) in committing the offence, the first person subjects the victim to cruel, inhuman or degrading treatment;
(c) in committing the offence, the first person’s conduct—
(i) 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 1,000 penalty units, or both.
(2) In this section—
“forced labour” means the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:
(a) is not free to cease providing labour or services; or
(b) is not free to leave the place or area where the person provides labour or services.
“sexual servitude” has the same meaning as in section 104.
“slavery” has the same meaning as in section 102.
“threat” means—
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by a person.
Consent of Director of Public Prosecutions required
124.—(1) Proceedings for an offence against this Division require the written consent of the Director of Public Prosecutions.
(2) A person may be arrested, charged, remanded in custody or released on bail in connection with an offence against this Division before the necessary consent has been given.
