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

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Subdivision C - Slavery-like offences

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SECTION 270.7

270.7 Deceptive recruiting for labour or services

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A person (the recruiter ) commits an offence if:

(a) the recruiter engages in conduct; and

(b) the recruiter engages in the conduct with the intention of inducing another person (the victim ) to enter into an engagement to provide labour or services; and

(c) the conduct causes the victim to be deceived about:

(i) the extent to which the victim will be free to leave the place or area where the victim provides the labour or services; or

(ii) the extent to which the victim will be free to cease providing the labour or services; or

(iii) the extent to which the victim will be free to leave his or her place of residence; or

(iv) if there is or will be a debt owed or claimed to be owed by the victim in connection with the engagement - the quantum, or the existence, of the debt owed or claimed to be owed; or

(v) the fact that the engagement will involve exploitation, or the confiscation of the victim ' s travel or identity documents; or

(vi) if the engagement is to involve the provision of sexual services - that fact, or the nature of sexual services to be provided (for example, whether those services will require the victim to have unprotected sex).

Penalty:

(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 9 years; or

(b) in any other case - imprisonment for 7 years.

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History

S 270.7 substituted by No 6 of 2013, s 3 and Sch 1 item 12, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013. S 270.7 formerly read:

SECTION 270.7 Deceptive recruiting for sexual services
(1)
A person who, with the intention of inducing another person to enter into an engagement to provide sexual services, deceives that other person about:

(a) the fact that the engagement will involve the provision of sexual services; or

(aa) the nature of sexual services to be provided (for example, whether those services will require the person to have unprotected sex); or

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

(c) the extent to which the person will be free to cease providing sexual services; or

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

(da) if there is or will be a debt owed or claimed to be owed by the person in connection with the engagement - the quantum, or the existence, of the debt owed or claimed to be owed; or

(e) the fact that the engagement will involve exploitation, debt bondage or the confiscation of the person ' s travel or identity documents;
is guilty of an offence.

Penalty:

(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 9 years; or

(b) in any other case - imprisonment for 7 years.

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History

S 270.7(1), (1A) and (1B) substituted for s 270.7(1) by No 96 of 2005, s 3 and Sch 1 item 7, effective 3 August 2005. S 270.7(1) formerly read:

(1)
A person who, with the intention of inducing another person to enter into an engagement to provide sexual services, deceives that other person about the fact that the engagement will involve the provision of sexual services is guilty of an offence.
Penalty:

(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 9 years; or

(b) in any other case - imprisonment for 7 years.

(1A)
In determining, for the purposes of any proceedings for an offence against subsection (1), whether a person has been deceived about any matter referred to in a paragraph of that subsection, a court, or if the trial is before a jury, the jury, may have regard to any of the following matters:

(a) the economic relationship between the person and the alleged offender;

(b) the terms of any written or oral contract or agreement between the person and the alleged offender;

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

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

(ii) the person ' s ability to speak, write and understand English or the language in which the deception or inducement occurred; and

(iii) the extent of the person ' s social and physical dependence on the alleged offender.

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History

S 270.7(1), (1A) and (1B) substituted for s 270.7(1) by No 96 of 2005, s 3 and Sch 1 item 7, effective 3 August 2005.

(1B)
Subsection (1A) does not:

(a) prevent the leading of any other evidence in proceedings for an offence against subsection (1); or

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

S 270.7(1), (1A) and (1B) substituted for s 270.7(1) by No 96 of 2005, s 3 and Sch 1 item 7, effective 3 August 2005.

(2)
In this section:
deceive
has the same meaning as in Division 271 .

sexual service
means the commercial use or display of the body of the person providing the service for the sexual gratification of others.
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History

S 270.7(2) amended by No 96 of 2005, s 3 and Sch 1 item 7A, by inserting the definition of " deceive " , effective 3 August 2005.

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