Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p267
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 267/268)
Character Range: 1048163–1050882

(iii) exercises control or direction over, or provides finance for, any act of slave trading; and
 (b) is reckless as to whether the transaction or act involves a slave, slavery, slave trading or the reduction of a person to slavery;
commits an offence.
Penalty: Imprisonment for 17 years.
 (3) In this section:
commercial transaction involving a slave includes a commercial transaction by which a person is reduced to slavery.
slave trading includes:
 (a) the capture, transport or disposal of a person with the intention of reducing the person to slavery; or
 (b) the purchase or sale of a slave.
 (4) A person who engages in any conduct with the intention of securing the release of a person from slavery does not commit an offence against this section.
 (5) The defendant bears a legal burden of proving the matter mentioned in subsection (4).

270.3A  Slavery offences—geographical jurisdiction
  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against section 270.3.

270.3B  Prosecutions
 (1) Proceedings for an offence against section 270.3, where the conduct constituting the alleged offence occurs wholly outside Australia, must not take place except with the consent in writing of the Attorney‑General.
 (2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against section 270.3:
 (a) a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed; and
 (b) a person may be charged with the offence; and
 (c) a person so charged may be remanded in custody or on bail;
but no further step in proceedings referred to in subsection (1) is to be taken until such a consent has been given.
 (3) Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.

Subdivision C—Slavery‑like offences

270.4  Definition of servitude
 (1) For the purposes of this Division, servitude is the condition of a person (the victim) who provides labour or services, if, because of the use of coercion, threat or deception:
 (a) a reasonable person in the position of the victim would not consider himself or herself to be free:
 (i) to cease providing the labour or services; or
 (ii) to leave the place or area where the victim provides the labour or services; and
 (b) the victim is significantly deprived of personal freedom in respect of aspects of his or her life other than the provision of 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 servitude whether or not:
 (a) escape from