New people-smuggling legislation

The Anti-People Smuggling and Other Measures Bill 2010, to be introduced into Parliament in late February, will support the Government's multi-pronged approach in combating people smuggling by enabling the Australian Security Intelligence Organisation (ASIO) to specifically investigate people smuggling and other serious border security threats.

The Bill will also enable Australia's national security agencies to collect foreign intelligence about non-State actors, including people smugglers and their networks.

In addition, the Bill will include additional offences targeting those who finance or provide support for people smuggling activities as well as strong penalties that recognise the seriousness of people smuggling offences, including:

• creating a new offence of providing material support for people smuggling with a maximum penalty of ten years imprisonment and/or a fine of $110,000;

• creating a new offence of people smuggling involving exploitation or danger of death or serious harm, applying to ventures entering Australia, with a maximum penalty of twenty years imprisonment and/or a fine of $220,000;

• ensuring that where a person is convicted of multiple people-smuggling offences, mandatory minimum penalties set out in the Migration Act are applied; and

• providing greater clarity and consistency by harmonising people smuggling offences in the Migration Act and the Criminal Code.

Minister for Home Affairs Brendan O'Connor has also opened the second meeting of the Malaysia-Australia Working Group on People Smuggling and Trafficking in Persons.

Mr O'Connor said great progress had been made since the inaugural meeting in Kuala Lumpur last August.

"People smuggling is not just an issue for Australia - it is a global and regional problem.

"Regional cooperation is critical to addressing this most serious issue."

Following the working group, a number of inter-country activities are planned for 2010.

This includes a law enforcement cooperative development program, a Malaysian Maritime Enforcement Agency study tour to observe Border Protection Command operations and a Joint Visa Integrity Workshop.