Division 8 — Document Offences Related to People Smuggling and Unlawful Entry Into Foreign Countries
Meaning of travel or identity document
125.—(1) For the purposes of this Division, a document is a travel or identity document if it is—
(a) a travel document; or
(b) an identity document.
Meaning of false travel or identity document
126.—(1) For the purposes of this Division, a travel or identity document is a false travel or identity document if, and only if—
(a) the document, or any part of the document—
(i) purports to have been made in the form in which it is made by a person who did not make it in that form; or
(ii) purports to have been made in the form in which it is made on the authority of a person who did not authorise its making in that form; or
(b) the document, or any part of the document:
(i) purports to have been made in the terms in which it is made by a person who did not make it in those terms; or
(ii) purports to have been made in the terms in which it is made on the authority of a person who did not authorise its making in those terms; or
(c) the document, or any part of the document:
(i) purports to have been altered in any respect by a person who did not alter it in that respect;
or
(ii) purports to have been altered in any respect on the authority of a person who did not authorise its alteration in that respect; or
(d) the document, or any part of the document:
(i) purports to have been made or altered by a person who did not exist; or
(ii) purports to have been made or altered on the authority of a person who did not exist; or
(e) the document, or any part of the document, purports to have been made or altered on a date on which, at a time at which, at a place at which, or otherwise in circumstances in which, it was not made or altered.
(2) For the purposes of this Division, a person is taken to make a false travel or identity document if the person alters a document so as to make it a false travel or identity document (whether or not it was already a false travel or identity document before the alteration).
(3) This section has effect as if a document that purports to be a true copy of another document were the original document.
Making, providing or possessing a false travel or identity document
127. A person (the first person) commits an indictable offence (which is triable summarily), if—
(a) the first person makes, provides or possesses a false travel or identity document; and
(b) the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and
(c) the first person made, provided or possessed the document—
(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.
Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
128.—(1) A person (the first person) commits an indictable offence (which is triable summarily), if—
(a) the first person provides or possesses a travel or identity document; and
(b) the first person knows that—
(i) the issue of the travel or identity document; or
(ii) an alteration of the travel or identity document;
has been obtained dishonestly or by threats; and
(c) the first person intends that the document will be used to facilitate the entry of another person (the other person ) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and
(d) the first person provided or possessed the document—
(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) For the purposes of sub-section (1), a threat may be—
(a) express or implied; or
(b) conditional or unconditional.
(3) For the purposes of sub-section (1), dishonest means—
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people.
Providing or possessing a travel or identity document to be used by a person who is not the rightful user
129. A person (the first person) commits an indictable offence (which is triable summarily), if—
(a) the first person provides or possesses a travel or identity document; and
(b) the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and
(c) the first person knows that the other person is not the person to whom the document applies; and
(d) the first person provided or possessed the document—
(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.
Taking possession of or destroying another person’s travel or identity document
130. A person (the first person) commits an indictable offence (which is triable summarily), if—
(a) the first person takes possession of, or destroys, a travel or identity document that applies to another person (the other person); and
(b) the first person does so intending to conceal the other person’s identity or nationality; and
(c) at the time of doing so, the first person intends to organise or facilitate the entry of the other person into a foreign country—
(i) having obtained, or with the intention of obtaining, whether directly or indirectly, a benefit to organise or facilitate that entry; and
(ii) where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country.
Penalty — Imprisonment for 10 years or 500 penalty units, or both.
