Document ID: chunk:federal_register_of_legislation:C2005A00096:clause:1_9:p7
Version: federal_register_of_legislation:C2005A00096
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 7/8)
Character Range: 20600–23441

jury, may have regard to any of the following matters:
 (a) the economic relationship between the first person and the second person;
 (b) the terms of any written or oral contract or agreement between the second person and another person (whether or not the first person);
 (c) the personal circumstances of the second person, including but not limited to:
 (i) whether the second person is entitled to be in Australia under the Migration Act 1958; and
 (ii) the second 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 second person's social and physical dependence on the first person.

 (3) Subsection (2) 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.

271.9  Offence of aggravated debt bondage

 (1) A person commits an offence of aggravated debt bondage if the person commits an offence of debt bondage in relation to another person (the victim) and the victim is under 18.

Penalty: Imprisonment for 2 years.

 (2) In order to prove an offence of aggravated debt bondage, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the offence against a person under that age.

 (3) If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.8, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.

Subdivision D—General provisions relating to offences under this Division

271.10  Jurisdictional requirement for offences other than offences related to domestic trafficking in persons

  Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against section 271.2, 271.3, 271.4, 271.8 or 271.9.

271.11  Jurisdictional requirement for offences related to domestic trafficking in persons

  A person commits an offence against section 271.5, 271.6 or 271.7 only if one or more of the following paragraphs applies:
 (a) the conduct constituting the offence occurs to any extent outside Australia;
 (b) the conduct constituting the offence involves transportation across State borders, either for reward or in connection with a commercial arrangement;
 (c) the conduct constituting the offence occurs within a Territory or involves transportation to or from a Territory;
 (d) the conduct constituting the offence is engaged in by, or on behalf of, a constitutional corporation, or in circumstances where the victims of the trafficking conduct were intended