Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 270 - Slavery and slavery-like offences  

Subdivision A - Preliminary  

SECTION 270.1A   270.1A   Definitions for Division 270  
In this Division:

coercion
includes coercion by any of the following:


(a) force;


(b) duress;


(c) detention;


(d) psychological oppression;


(e) abuse of power;


(f) taking advantage of a person ' s vulnerability.

conducting a business
includes:


(a) taking any part in the management of the business; and


(b) exercising control or direction over the business; and


(c) providing finance for the business.

debt bondage
is the condition of a person (the first person ) if:


(a) the condition arises from a pledge:


(i) by the first person of the personal services of the first person; or

(ii) by another person of the personal services of the first person, and the first person is under the other person ' s control; or

(iii) by the first person of the personal services of another person who is under the first person ' s control; and


(b) the pledge is made as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given) by the person making the pledge; and


(c) any of the following apply:


(i) the debt owed or claimed to be owed is manifestly excessive;

(ii) the reasonable value of those services is not applied toward the liquidation of the debt or purported debt;

(iii) the length and nature of those services are not respectively limited and defined.

deceive
has the same meaning as in Division 271 (see section 271.1 ).

Note:

Deception has a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).

forced labour
has the meaning given by section 270.6 .

forced marriage
has the meaning given by section 270.7A .

servitude
has the meaning given by section 270.4 .

slavery
has the meaning given by section 270.1 .

slavery-like offence
means an offence against any of the following provisions:


(a) section 270.5 (servitude offences);


(b) section 270.6A (forced labour offences);


(c) section 270.7 (deceptive recruiting for labour or services);


(d) section 270.7B (forced marriage offences);


(e) section 270.7C (debt bondage).

threat
means:


(a) a threat of coercion; or


(b) a threat to cause a person ' s deportation or removal from Australia; or


(c) a threat of any other detrimental action, unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by a person.

Note:

Threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional (see the definition in the Dictionary).


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.