RECOMMENDATIONS
Recommendation 1
2.68 The committee recommends that the Australian
Government review the operation of the mandatory minimum penalties applied to
aggravated people smuggling offences under section 236B of the Migration Act
1958, with particular reference to:
-
alternative approaches to mandatory minimum sentencing
provisions, including where judicial officers are given discretion to impose
lesser sentences where they are satisfied that the circumstances would make it
unjust to impose the prescribed sentence for an offence;
-
options for differentiating between the organisers of people
smuggling operations and boat crew of these operations in sentencing; and
-
specific concerns raised during this inquiry regarding
Australia's human rights obligations under international law.
Recommendation 2
2.69 The committee recommends that the Australian
Government facilitate and support further deterrence and awareness raising
activities in relation to people smuggling offences, with a focus on relevant
communities in Indonesia.
Recommendation 3
2.70 The committee recommends that the Senate should not pass the
Bill.
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