Act · 2021 Revised Edition · 4 parts
Prevention of People Smuggling Act
Making the smuggling of people a crimePart
Preliminary
Official textFrom Attorney General's Chambers, unchanged
s 1Citation
This Act may be cited as the Prevention of People Smuggling Act.
s 2Interpretation
In this Act, unless the context otherwise requires -
"child" means a person who is under 18 years of age;
"conveyance" means any vehicle, vessel, ship, aircraft, or any other mode of transport whether by air, sea or land;
"exploitation" includes all forms of sexual exploitation (including sexual servitude and exploitation of another person's prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
"financial and other benefit" includes any type of financial or non-financial inducement, gratification, payment, bribe, reward, advantage or service;
"forged travel or identity document" means a travel or identity document that -
has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country or
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territory;
has been issued or obtained through misrepresentation, corruption or duress in any other unlawful manner; or
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Prevention of People Smuggling
is being improperly used by a person other than the rightful holder;
"harbour" includes giving a person shelter, food, drink, money or clothes or means or supplying a conveyance, or the act of assisting a person in any way to evade apprehension;
"master" includes any person in command or having charge of any means of transport;
"Minister" means the Minister of Home Affairs;
"owner" includes any part-owner, charterer or consignee in possession thereof or any duly authorised agent of any such person;
"people smuggling" means arranging or assisting a person's unlawful entry into any receiving country including Brunei
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Darussalam, of which the person is not a citizen or permanent resident of the receiving country, knowing or having reason to suspect that the person's entry is unlawful, in order to obtain a financial or other material benefit;
"premises" includes -
a vehicle, ship, aircraft or hovercraft;
an installation which is maintained, or is intended to be established for underwater exploitation or exploration;
tent or other movable structure;
"public servant" shall have the same meaning as a public servant under the Penal Code (Chapter 22);
"receiving country" means any country into which a smuggled person is brought or is arranged to be brought as part of an act of people smuggling;
"smuggled person" means any person who is a victim or object of an act of people smuggling, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted;
"repealed order" means the Trafficking and Smuggling of Persons
Order, 2004 (S 8212004);
"transit country" means the country from which, or into or through which, a smuggled person, is brought or travels through by air,
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land or sea or temporarily remains in as part of an act of smuggling of persons;
"transits" means arriving and passing through Brunei Darussalam by any means of transport for the purpose of continuing journey by any means of transport to a place outside of Brunei Darussalam;
"travel document" includes an internationally recognised passport, a certificate of identity and any similar document, issued by an authority recognised by the receiving country;
"unlawful entry" means crossing borders without complying with the necessary requirements for lawful entry into the receiving country.
Application 3;
The offences in this Act apply, regardless of whether the cbnduct constituting the offence whether in whole or in part took place within or outside Brunei Darussalam, in the following circumstances -
if Brunei Darussalam is the receiving country, or the transit country;
if the receiving country is a foreign country but the people smuggling starts or transits in Brunei Darussalam; or
if the person who engages in people smuggling is a citizen of
Brunei Darussalam or a permanent resident.
s 4Authorised officers
For the purposes of this Act, the following persons are authorised officers -
an officer of the Royal Brunei Police Force;
an Immigration Officer appointed under section 3 of the
Immigration Act (Chapter 17);
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an officer of customs appointed under section 3(1) of the
Customs Order, 2006 (S 3912006);-or
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( 4 an authorised officer appointed under section 3(1) of the
Employment Order, 2009 (S 3712009); or
such person or class of persons appointed by the Minister and designated by notification published in the Gazette.