Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_2:p1
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/4)
Character Range: 6890–9593

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.

270.6  Definition of forced labour
 (1) For the purposes of this Division, forced labour is the condition of a person (the victim) who provides labour or services if, because of the use of coercion, threat or deception, a reasonable person in the position of the victim would not consider himself or herself to be free:
 (a) to cease providing the labour or services; or
 (b) to leave the place or area where the victim provides the labour or services.
 (2) Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.
 (3) The victim may be in a condition of forced labour whether or not:
 (a) escape from the condition is practically possible for the victim; or
 (b) the victim has attempted to escape from the condition.

270.6A  Forced labour offences

Causing a person to enter into or remain in forced labour
 (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 forced labour.
Penalty:
 (a) in the case of an aggravated offence (see section 270.8)—imprisonment for 12 years; or
 (b) in any other case—imprisonment for 9 years.

Conducting a business involving forced labour
 (2) A person commits an offence if:
 (a) the person conducts any business; and
 (b) the business involves the forced labour of another person (or persons).
Penalty:
 (a) in the case of an aggravated offence (see section 270.8)—imprisonment for 12 years; or
 (b) in any other case—imprisonment for 9 years.
Note: On a trial for an offence against section 270.5 (servitude offences), the trier of fact may find a defendant not guilty of that offence but guilty of the corresponding offence under this section (see subsections 270.5(3) and (4)).

270.7  Deceptive recruiting for labour or services
  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