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 270.5   Servitude offences   Causing a person to enter into or remain in servitude

(1)  
A person commits an offence if:


(a) the person engages in conduct; and


(b) the conduct causes another person to enter into or remain in servitude.

Penalty:


(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 20 years; or


(b) in any other case - imprisonment for 15 years.

Conducting a business involving servitude

(2)  
A person commits an offence if:


(a) the person conducts any business; and


(b) the business involves the servitude of another person (or persons).

Penalty:


(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 20 years; or


(b) in any other case - imprisonment for 15 years.

Alternative verdict of forced labour

(3)  
Subsection (4) applies if, in a prosecution for an offence (the servitude offence ) against a provision listed in column 1 of the following table, the trier of fact:


(a) is not satisfied that the defendant is guilty of that offence; but


(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the forced labour offence ) against the corresponding provision listed in column 2 of the table.


Servitude and forced labour offences
Item Column 1 Column 2
Servitude offences Forced labour offences
1 Subsection (1) of this section Subsection 270.6A(1)
2 Subsection (2) of this section Subsection 270.6A(2)

(4)  
The trier of fact may find the defendant not guilty of the servitude offence, but guilty of the forced labour offence, so long as the defendant has been afforded procedural fairness in relation to that finding of guilt.




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