Criminal Code Act 1995

Div 271 heading substituted by No 34 of 2018, s 3 and Sch 6 item 10, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:

Division 271 - Trafficking in persons and debt bondage

Div 271 inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.

Subdiv C repealed by No 34 of 2018, s 3 and Sch 6 item 12, applicable in relation to conduct engaged in on or after 23 May 2018.

Subdiv C inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.

S 271.8 repealed by No 34 of 2018, s 3 and Sch 6 item 12, applicable in relation to conduct engaged in on or after 23 May 2018. S 271.8 formerly read:

SECTION 271.8 Offence of debt bondage  
A person commits an offence of debt bondage if:

(a) the person engages in conduct that causes another person to enter into debt bondage; and

(b) the person intends to cause the other person to enter into debt bondage.

Penalty: Imprisonment for 4 years.

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History

S 271.8 renumbered from s 271.8(1) and amended by No 6 of 2013, s 3 and Sch 1 items 39 - 40, by omitting " (1) " before " A person " and substituting " Penalty: Imprisonment for 4 years. " for " Penalty: Imprisonment for 12 months. " , 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.

(2)
(Repealed by No 6 of 2013)

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S 271.8(2) repealed by No 6 of 2013, s 3 and Sch 1 item 41, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on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 271.8(2) formerly read:

(2)
In determining, for the purposes of any proceedings for an offence against subsection (1), whether a person (the first person ) has caused another person (the second person ) to enter into debt bondage, a court, or if the trial is before a jury, the jury, may have regard to any of the following matters:

(a) the economic relationship between the first person and the second person;

(b) the terms of any written or oral contract or agreement between the second person and another person (whether or not the first person);

(c) the personal circumstances of the second person, including but not limited to:

(i) whether the second person is entitled to be in Australia under the Migration Act 1958 ; and

(ii) the second person ' s ability to speak, write and understand English or the language in which the deception or inducement occurred; and

(iii) the extent of the second person ' s social and physical dependence on the first person.

(3)
(Repealed by No 6 of 2013)

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History

S 271.8(3) repealed by No 6 of 2013, s 3 and Sch 1 item 41, 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 271.8(3) formerly read:

(3)
Subsection (2) does not:

(a) prevent the leading of any other evidence in proceedings for an offence against subsection (1); or

(b) limit the manner in which evidence may be adduced or the admissibility of evidence.

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S 271.8 inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.

S 271.8 inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.