Document ID: chunk:federal_register_of_legislation:C2005A00096:clause:1_7
Version: federal_register_of_legislation:C2005A00096
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 3221–5579

7  Subsection 270.7(1) of the Criminal Code
Repeal the subsection, substitute:

 (1) A person who, with the intention of inducing another person to enter into an engagement to provide sexual services, deceives that other person about:
 (a) the fact that the engagement will involve the provision of sexual services; or
 (aa) the nature of sexual services to be provided (for example, whether those services will require the person to have unprotected sex); or
 (b) the extent to which the person will be free to leave the place or area where the person provides sexual services; or
 (c) the extent to which the person will be free to cease providing sexual services; or
 (d) the extent to which the person will be free to leave his or her place of residence; or
 (da) if there is or will be a debt owed or claimed to be owed by the person in connection with the engagement—the quantum, or the existence, of the debt owed or claimed to be owed; or
 (e) the fact that the engagement will involve exploitation, debt bondage or the confiscation of the person's travel or identity documents;
is guilty of an offence.

Penalty:
 (a) in the case of an aggravated offence (see section 270.8)—imprisonment for 9 years; or
 (b) in any other case—imprisonment for 7 years.

 (1A) In determining, for the purposes of any proceedings for an offence against subsection (1), whether a person has been deceived about any matter referred to in a paragraph of that subsection, a court, or if the trial is before a jury, the jury, may have regard to any of the following matters:
 (a) the economic relationship between the person and the alleged offender;
 (b) the terms of any written or oral contract or agreement between the person and the alleged offender;
 (c) the personal circumstances of the person, including but not limited to:
 (i) whether the person is entitled to be in Australia under the Migration Act 1958; and
 (ii) the 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 person's social and physical dependence on the alleged offender.

 (1B) Subsection (1A) 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.