Australia is a State Party to the Protocol against the Smuggling of Migrants by Land, Sea and Air [the Smuggling of Migrants Protocol], and the Convention against Transnational Organised Crime.  Australia ratified the Protocol on 24 May 2004, and has implemented significant parts of the Protocol into its domestic law, but domestic offences depart quite fundamentally from the international concepts of smuggling of migrants.  In Australia, offences relating to the smuggling of migrants fall under federal jurisdiction.  They are referred to as ‘people smuggling offences’ and are set out in the Migration Act 1958 (Cth).  These offences are duplicated in almost identical form in the Criminal Code (Cth).