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 C - Slavery-like offences  

SECTION 270.10   Slavery-like offences - relevant evidence  

(1)  
For the purposes of proceedings for a slavery-like offence, the trier of fact may have regard to any of the matters covered by subsection (2) in determining whether, in relation to a person (the alleged victim ) against whom the offence is alleged to have been committed:


(a) in the case of an offence against this Subdivision - the alleged victim has been coerced, threatened or deceived; or


(b) in the case of an offence against section 270.5 - the alleged victim was significantly deprived of personal freedom; or


(c) in the case of an offence against section 270.7B - the alleged victim was incapable of understanding the nature and effect of a marriage ceremony; or


(d) in the case of an offence against section 270.7C - another person has caused the alleged victim to enter into debt bondage.

(2)  
The following matters are covered by this subsection:


(a) the economic relationship between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;


(b) the terms of any written or oral contract or agreement between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;


(c) the personal circumstances of the alleged victim, including but not limited to:


(i) whether he or she is entitled to be in Australia under the Migration Act 1958 ; and

(ii) his or her ability to speak, write and understand English or another language; and

(iii) the extent of his or her social and physical dependence on the alleged offender or any other person.

(3)  
Subsection (1) does not:


(a) prevent the leading of any other evidence in the relevant proceedings; or


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

(4)  
In this section:

family member
of a person means:


(a) the person ' s spouse or de facto partner; or


(b) a parent, step-parent or grandparent of the person; or


(c) a child, step-child or grandchild of the person; or


(d) a brother, sister, step-brother or step-sister of the person; or


(e) a guardian or carer of the person.

(5)  
For the purposes of this section, the family members of a person are taken to include the following (without limitation):


(a) a de facto partner of the person;


(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;


(c) anyone else who would be a member of the person ' s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.


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