Document ID: chunk:federal_register_of_legislation:C2005A00096:clause:1_9:p1
Version: federal_register_of_legislation:C2005A00096
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/8)
Character Range: 5735–8496

9  At the end of Chapter 8 of the Criminal Code
Add:

Division 271—Trafficking in persons and debt bondage

Subdivision A—Definitions

271.1  Definitions

  In this Division:

confiscate, in relation to a person's travel or identity document, means to take possession of the document, whether permanently or otherwise, to the exclusion of the person, or to destroy the document.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

deceive means mislead as to fact (including the intention of any person) or as to law, by words or other conduct.

threat means:
 (a) a threat of force; or
 (b) a threat to cause a person's removal from Australia; or
 (c) a threat of any other detrimental action;
unless there are reasonable grounds for the threat of that action.

Subdivision B—Offences relating to trafficking in persons

271.2  Offence of trafficking in persons

 (1) A person (the first person) commits an offence of trafficking in persons if:
 (a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and
 (b) the first person uses force or threats; and
 (c) that use of force or threats results in the first person obtaining the other person's compliance in respect of that entry or proposed entry or in respect of that receipt.

Penalty: Imprisonment for 12 years.

 (1A) A person (the first person) commits an offence of trafficking in persons if:
 (a) the first person organises or facilitates the exit or proposed exit of another person from Australia; and
 (b) the first person uses force or threats; and
 (c) that use of force or threats results in the first person obtaining the other person's compliance in respect of that exit or proposed exit.

Penalty: Imprisonment for 12 years.

 (1B) A person (the first person) commits an offence of trafficking in persons if:
 (a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and
 (b) in organising or facilitating that entry or proposed entry, or that receipt, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that entry or receipt.

Penalty: Imprisonment for 12 years.

 (1C) A person (the first person) commits an offence of trafficking in persons if:
 (a) the first person organises or facilitates the exit or proposed exit of another person from Australia; and
 (b) in organising or facilitating that exit or proposed exit, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that exit.

Penalty: Imprisonment for 12 years.

 (2) A person (the first person)