Prevention of People Smuggling Act · 2021 Revised Edition · Part 2
10. Offence of conveyance of smuggled persons
Official textFrom Attorney General's Chambers, unchanged
Any person being the owner, operator or master of any conveyance who engages in the conveyance of smuggled persons is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 10 years or both.
owner
"owner" includes any part-owner, charterer or consignee in possession thereof or any duly authorised agent of any such person;
Obligation of owner etc. of conveyance conveyance commercial ny person being the owner, operator or master of any that engages in the conveyance of goods or people for gain shall ensure that every person travelling on board is in possession of travel documents for the lawful entry of that person into the receiving country or transit country, and if not, shall refuse to convey such person.
conveyance
"conveyance" means any vehicle, vessel, ship, aircraft, or any other mode of transport whether by air, sea or land;
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 10 years or both.
In any proceeding for an offence under this section, it shall be a defence for such owner, operator or master to prove that -
master
"master" includes any person in command or having charge of any means of transport;
he has reasonable grounds to believe that the travel documents of the person referred to in subsection (1) are travel documents required for lawful entry of that person into the receiving country or transit country;
the person referred to in subsection (1) possessed travel documents required for lawfUl entry to the receiving country or transit country when that person boarded, or last boarded, the conveyance to travel to the receiving country or transit country; or -
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the entry of the person referred to in subsection (1) into the a receiving country or transit country occurred only because of illness or injury to that person, stress of weather or any other circumstances beyond the control of such owner, operator or master.
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Prevention of People Smuggling
Any person convicted of an offence under this section is liable to pay the costs of the smuggled person's detention in, and removal from, the receiving country or transit country.
smuggled person
"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;
Where there is no prosecution or conviction under this section, the owner, operator or master of the conveyance used shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of the smuggled person and his removal from
Brunei Darussalam and such expenses shall be recoverable as a debt due to the Government.
Terms defined in s 2
conveyance
Defined · s 2"conveyance" means any vehicle, vessel, ship, aircraft, or any other mode of transport whether by air, sea or land;
master
Defined · s 2"master" includes any person in command or having charge of any means of transport;
owner
Defined · s 2"owner" includes any part-owner, charterer or consignee in possession thereof or any duly authorised agent of any such person;
people smuggling
Defined · s 2"people smuggling" means arranging or assisting a person's unlawful entry into any receiving country including Brunei. 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;
receiving country
Defined · s 2"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
Defined · s 2"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;
transit country
Defined · s 2"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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