Schedule
-
The Criminal Code
Section
3
CHAPTER 8
-
OFFENCES AGAINST HUMANITY AND RELATED OFFENCES
Division 270
-
Slavery and slavery-like offences
History
Div 270 heading substituted by No 34 of 2018, s 3 and Sch 6 item 5, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:
Division 270
-
Slavery and slavery like conditions
Div 270 heading substituted by No 6 of 2013, s 3 and Sch 1 item 7, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013. The heading formerly read:
Division 270
-
Slavery, sexual servitude and deceptive recruiting
Subdivision C
-
Slavery-like offences
History
Subdiv C heading substituted by No 34 of 2018, s 3 and Sch 6 item 8, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:
Subdivision C
-
Slavery like conditions
Subdiv C heading inserted by No 6 of 2013, s 3 and Sch 1 item 12, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013.
SECTION 270.5
Servitude offences
Causing a person to enter into or remain in servitude
(1)
A person commits an offence if:
(a)
the person engages in conduct; and
(b)
the conduct causes another person to enter into or remain in servitude.
Penalty:
(a)
in the case of an aggravated offence (see section
270.8
)
-
imprisonment for 20 years; or
(b)
in any other case
-
imprisonment for 15 years.
Conducting a business involving servitude
(2)
A person commits an offence if:
(a)
the person conducts any business; and
(b)
the business involves the servitude of another person (or persons).
Penalty:
(a)
in the case of an aggravated offence (see section
270.8
)
-
imprisonment for 20 years; or
(b)
in any other case
-
imprisonment for 15 years.
Alternative verdict of forced labour
(3)
Subsection (4) applies if, in a prosecution for an offence (the
servitude offence
) against a provision listed in column 1 of the following table, the trier of fact:
(a)
is not satisfied that the defendant is guilty of that offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the
forced labour offence
) against the corresponding provision listed in column 2 of the table.
Servitude and forced labour offences
|
Item
|
Column 1
|
Column 2
|
|
Servitude offences
|
Forced labour offences
|
1 |
Subsection (1) of this section |
Subsection
270.6A(1) |
2 |
Subsection (2) of this section |
Subsection
270.6A(2) |
(4)
The trier of fact may find the defendant not guilty of the servitude offence, but guilty of the forced labour offence, so long as the defendant has been afforded procedural fairness in relation to that finding of guilt.
History
S 270.5 substituted by No 6 of 2013, s 3 and Sch 1 item 12, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013. S 270.5 formerly read:
SECTION 270.5 Jurisdictional requirement
270.5
Section
15.2
(extended geographical jurisdiction
-
category B) applies to an offence against section
270.6
or
270.7
.
S 270.5 substituted by No 96 of 2005, s 3 and Sch 1 item 4, effective 3 August 2005. S 270.5 formerly read:
Jurisdictional requirement
270.5
A person commits an offence against section
270.6
or
270.7
only if:
(a)
all of the following subparagraphs apply:
(i)
the person is an Australian citizen, a resident of Australia, a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory or any other body corporate that carries on its activities principally in Australia; and
(ii)
the conduct constituting the offence is engaged in outside Australia; and
(iii)
the sexual services to which the alleged offence relates are provided, or to be provided, outside Australia; or
(b)
both:
(i)
the conduct constituting the alleged offence is to any extent engaged in outside Australia; and
(ii)
the sexual services to which the alleged offence relates are to any extent provided, or to be provided, within Australia; or
(c)
both:
(i)
the conduct constituting the alleged offence is to any extent engaged in within Australia; and
(ii)
the sexual services to which the alleged offence relates are to any extent provided, or to be provided, outside Australia.