Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_2:p3
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 3/4)
Character Range: 11809–14640

or another person.

270.7B  Forced marriage offences

Causing a person to enter into a forced marriage
 (1) A person (the first person) commits an offence if:
 (a) the first person engages in conduct; and
 (b) the conduct causes another person to enter into a forced marriage as the victim of the marriage.
Penalty:
 (a) in the case of an aggravated offence (see section 270.8)—imprisonment for 7 years; or
 (b) in any other case—imprisonment for 4 years.

Being a party to a forced marriage
 (2) A person commits an offence if:
 (a) the person is a party to a marriage (within the meaning of section 270.7A); and
 (b) the marriage is a forced marriage; and
 (c) the person is not a victim of the forced marriage.
Penalty:
 (a) in the case of an aggravated offence (see section 270.8)—imprisonment for 7 years; or
 (b) in any other case—imprisonment for 4 years.
 (3) Strict liability applies to paragraph (2)(c).
Note: For strict liability, see section 6.1.
 (4) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).

270.8  Slavery‑like offences—aggravated offences
 (1) For the purposes of this Division, a slavery‑like offence committed by a person (the offender) against another person (the victim) is an aggravated offence if any of the following applies:
 (a) the victim is under 18;
 (b) the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
 (c) the offender, in committing the offence:
 (i) engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
 (ii) is reckless as to that danger.
 (2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
 (3) If, on a trial for an aggravated offence, the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is otherwise satisfied that the defendant is guilty of the corresponding slavery‑like offence, it may find the defendant not guilty of the aggravated offence, but guilty of the corresponding slavery‑like offence.
 (4) Subsection (3) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the corresponding slavery‑like offence.

270.9  Slavery‑like offences—jurisdictional requirement
  Section 15.2 (extended geographical jurisdiction—category B) applies to a slavery‑like offence.

270.10  Slavery‑like offences—relevant evidence
 (1) For the purposes of proceedings for a slavery‑like offence, the trier of fact may have regard to any of the matters covered by subsection (2) in determining whether a person (the alleged victim) against whom the offence is alleged to have been committed