Criminal Justice (Smuggling of Persons) Act 2021
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PART 2 Smuggling of persons | ||
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Interpretation (Part 2) | ||
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5. (1) In this Part— | ||
“assists”, subject to subsection (2), includes procures, organises or facilitates; | ||
“company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act; | ||
“equivalent status” means, in relation to a designated state, a status under the law or administrative practice of that state that is equivalent to international protection; | ||
“fraudulent travel or identity document” means any travel or identity document that— | ||
(a) has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of the State or another state, | ||
(b) has been improperly issued or obtained through misrepresentation, corruption or duress, or in any other unlawful manner, or | ||
(c) is used, as evidence of the person’s identity or citizenship, by a person other than the rightful holder; | ||
“international protection” has the meaning it has in section 2 of the International Protection Act 2015 ; | ||
“specified provision” means any of the following— | ||
(a) section 4, 5 or 6 of the Act of 2004, or | ||
(b) a provision that is the subject of an order under section 29; | ||
“travel or identity document” includes the following: | ||
(a) a passport or document which can be used instead of a passport; | ||
(b) a document issued by or on behalf of a Minister of the Government and permitting or authorising a person to enter or remain (whether temporarily or permanently) in the State, or to enter employment or self-employment therein; | ||
(c) a registration certificate issued under Article 11(1)(e)(i) of the Aliens Order 1946 ( S.I. No. 395 of 1946 ) or the Act of 2004; | ||
(d) a document, issued by the competent authority of another state, that is equivalent, under the law of that state, to a document specified in paragraph (b) or (c) . | ||
(2) For the purposes of section 6 and 7 , assisting the presence in the State or in a designated state of a person does not include the provision by another person, in the ordinary course of his or her business, trade or profession, whether for profit or otherwise, of a good or service to the person. |