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 271.5   Offence of domestic trafficking in persons  

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


(a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Australia to another place in Australia; and


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


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

Penalty: Imprisonment for 12 years.

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


(a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Australia to another place in Australia; and


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

Penalty: Imprisonment for 12 years.

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


(a) the first person organises or facilitates the transportation of another person from one place in Australia to another place in Australia; and


(b) the first person deceives the other person about the fact that the transportation, or any arrangements the first person has made for the other person following the transportation, 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.

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


(a) the first person organises or facilitates the transportation of another person from one place in Australia to another place in Australia; and


(b) there is an arrangement for the other person to provide sexual services; 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 paragraph (1)(c).


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