Section 11
Obligation of owner etc. of conveyance
of Anti-Trafficking in Persons Act
(1)
Any person being the owner. operator or master of any conveyance that engages in the conveyance of goods or people for commercial 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.
(2)
Ally 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.
(3)
In any proceedings for an offence under this section, it shall be a defence for such owner. operator or master to prove that -
(a)
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;
(b)
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
(c)
the entry of the person referred to in subsection (1) into the receiving 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.
(4)
Any person convicted of an offence under this section is liable to pay the costs ofthe trafficked person's removal from the receiving country or transit country.
(5)
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 maintenance of the trafficked
-
person and his ~ e m ~ y a l f ? ~ r n E n u i
Darussalam and such expenses shall be recoverable as a debt due to the a
Government.
16 CAP. 230
Anti-Traflcking in Persons
(6)
In this section, "transit country" means the country from which, or into or through which, a trafficked person, is brought or travels through by air, land or sea or temporarily remains in as part of an act of people trafficking.