Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p15
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 15/30)
Character Range: 1087357–1090289

third person offence); and
 (c) the third person offence is an offence against this Division (apart from this section) or Division 270.
Penalty: Imprisonment for 4 years.
 (2) Recklessness applies in relation to paragraph (1)(b).
 (3) Absolute liability applies in relation to paragraph (1)(c).
 (4) A person may be found guilty of an offence against subsection (1) even if the third person has not been prosecuted for, or has not been found guilty, of any other offence.

271.7G  Harbouring a victim—aggravated offence
 (1) A person (the offender) commits an aggravated offence of harbouring a victim if:
 (a) the offender commits an offence of harbouring a victim in relation to another person (the victim); and
 (b) the victim is under 18.
Penalty: Imprisonment for 7 years.
 (2) If, on a trial for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that the defendant is guilty of an offence against section 271.7F, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
 (3) Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.7F.
Note: Section 271.7F provides for the offence of harbouring a victim.

Subdivision D—Offences against Division 271: general

271.10  Jurisdictional requirements—offences other than domestic trafficking in persons or organs
  Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against section 271.2, 271.3, 271.4, 271.7B, 271.7C, 271.7F or 271.7G.

271.11  Jurisdictional requirements—offences of domestic trafficking in persons or organs
  A person commits an offence against section 271.5, 271.6, 271.7, 271.7D or 271.7E only if one or more of the following paragraphs applies:
 (a) the conduct constituting the offence occurs to any extent outside Australia;
 (b) the conduct constituting the offence involves transportation across State borders, either for reward or in connection with a commercial arrangement;
 (c) the conduct constituting the offence occurs within a Territory or involves transportation to or from a Territory;
 (d) the conduct constituting the offence is engaged in by, or on behalf of, a constitutional corporation, or in circumstances where the victims of the trafficking conduct were intended to be employed by a constitutional corporation;
 (e) some of the conduct constituting the offence is engaged in by communication using a postal, telegraphic or telephonic service within the meaning of paragraph 51(v) of the Constitution;
 (f) the victim of the conduct constituting the offence is an alien.

271.11A  Offences against Division 271—relevant evidence
 (1) For the purposes of proceedings for an offence against this Division, the trier of fact may have regard to any of the matters