Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

Can I add, as I think we should at least ensure that the record is clear, in terms of prosecution policy in relation to minors, minors are only prosecuted for people-smuggling offences in exceptional circumstances on the basis of their significant involvement in a people-smuggling venture or in multiple ventures. Where the age determination process determines the person, as I indicated earlier, is a minor and there are no exceptional circumstances, that person is returned to their country of origin. If there are exceptional circumstances and the minor is convicted, mandatory minimum penalties do not apply to that person. To date the Commonwealth has not proceeded with prosecutions where the court has determined a defendant is a minor.