21Permitting use of a vessel or aircraft by person in contravention of return permit conditions

21 Permitting use of a vessel or aircraft by person in contravention of return permit conditions

(1) A person commits an offence if: (a) the person is: (i) an owner, charterer, lessee, operator, agent or master of a vessel; or (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and (c) the person does so knowing that the second person is entering Australia in contravention of a condition imposed on a return permit that is in force in relation to the second person.

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.