Document ID: chunk:federal_register_of_legislation:C2004A01078:clause:1_1:p2
Version: federal_register_of_legislation:C2004A01078
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/6)
Character Range: 6034–8695

removed to meet a medical or therapeutic need of the victim.

 (3) In this section:

forced labour means the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:
 (a) is not free to cease providing labour or services; or
 (b) is not free to leave the place or area where the person provides labour or services.

sexual servitude has the same meaning as in Division 270.

slavery has the same meaning as in Division 270.

threat means:
 (a) a threat of force; or
 (b) a threat to cause a person's deportation; or
 (c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by a person.

73.3  Aggravated offence of people smuggling (at least 5 people)

 (1) A person (the first person) is guilty of an offence if:
 (a) the first person organises or facilitates the entry of a group of at least 5 persons (the other persons) into a foreign country (whether or not via Australia); and
 (b) the entry of at least 5 of the other persons into the foreign country does not comply with the requirements under that country's law for entry into that country; and
 (c) at least 5 of the other persons whose entry into the foreign country is covered by paragraph (b) are not citizens or permanent residents of the foreign country; and
 (d) the first person organises or facilitates the entry:
 (i) having obtained (whether directly or indirectly) a benefit to do so; or
 (ii) with the intention of obtaining (whether directly or indirectly) a benefit.

Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.

 (2) Absolute liability applies to the paragraph (1)(c) element of the offence.

 (3) If, on a trial for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of that offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 73.1(1), the trier of fact may find the defendant not guilty of an offence against subsection (1) but guilty of an offence against subsection 73.1(1), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

73.4  Jurisdictional requirement

  A person commits an offence against this Subdivision only if:
 (a) both:
 (i) the person is an Australian citizen or a resident of Australia; and
 (ii) the conduct constituting the alleged offence occurs wholly outside Australia; or
 (b) both:
 (i) the conduct constituting the alleged offence occurs wholly or partly in Australia; and
 (ii) a result