Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 271 - Trafficking in persons  

Subdivision B - Offences relating to trafficking in persons  

SECTION 271.2   Offence of trafficking in persons  

(1)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and


(b) the first person uses coercion, threat or deception; and


(c) that use of coercion, threat or deception results in the first person obtaining the other person ' s compliance in respect of that entry or proposed entry or in respect of that receipt.

Penalty: Imprisonment for 12 years.

(1A)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the exit or proposed exit of another person from Australia; and


(b) the first person uses coercion, threat or deception; and


(c) that use of coercion, threat or deception results in the first person obtaining the other person ' s compliance in respect of that exit or proposed exit.

Penalty: Imprisonment for 12 years.

(1B)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and


(b) in organising or facilitating that entry or proposed entry, or that receipt, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that entry or receipt.

Penalty: Imprisonment for 12 years.

(1C)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the exit or proposed exit of another person from Australia; and


(b) in organising or facilitating that exit or proposed exit, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that exit.

Penalty: Imprisonment for 12 years.

(2)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and


(b) the first person deceives the other person about the fact that the other person ' s entry or proposed entry, the other person ' s receipt or any arrangements for the other person ' s stay in Australia, will involve the provision by the other person of sexual services or will involve the other person ' s exploitation or the confiscation of the other person ' s travel or identity documents.

Penalty: Imprisonment for 12 years.

(2A)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the exit or proposed exit of another person from Australia; and


(b) the first person deceives the other person about the fact that the other person ' s exit or proposed exit is for purposes that involve the provision by the other person of sexual services outside Australia or will involve the other person ' s exploitation or the confiscation of the other person ' s travel or identity documents.

Penalty: Imprisonment for 12 years.

(2B)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and


(b) there is an arrangement for the other person to provide sexual services in Australia; and


(c) the first person deceives the other person about any of the following:


(i) the nature of the sexual services to be provided;

(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;

(iii) the extent to which the other person will be free to cease providing sexual services;

(iv) the extent to which the other person will be free to leave his or her place of residence;

(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services - the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty: Imprisonment for 12 years.

(2C)  
A person (the first person ) commits an offence of trafficking in persons if:


(a) the first person organises or facilitates the exit or proposed exit of another person from Australia; and


(b) there is an arrangement for the other person to provide sexual services outside Australia; and


(c) the first person deceives the other person about any of the following:


(i) the nature of the sexual services to be provided;

(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;

(iii) the extent to which the other person will be free to cease providing sexual services;

(iv) the extent to which the other person will be free to leave his or her place of residence;

(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services - the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty: Imprisonment for 12 years.

(3)  
Absolute liability applies to paragraphs (1)(c) and (1A)(c).


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