Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245an
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AN
Character Range: 690124–691732

245AN  Charge and trial for an aggravated offence
 (1) If the prosecution intends to prove an offence against subsection 245AD(1) or (2), the charge must allege that the worker referred to in that subsection has been exploited.
 (2) If the prosecution intends to prove an offence against subsection 245AEB(1) or (2), the charge must allege that the prospective worker referred to in that subsection has been or will be exploited:
 (a) in doing the work in relation to which the prospective worker was referred; or
 (b) in doing other work for the person to whom the prospective worker was referred.
 (3) On a trial for an offence against section 245AD, the trier of fact may find the defendant not guilty of that offence but guilty of an offence against section 245AB or 245AC if:
 (a) the trier of fact is not satisfied that the defendant is guilty of an offence against section 245AD; and
 (b) the trier of fact is satisfied that the defendant is guilty of an offence against section 245AB or 245AC; and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.
 (4) On a trial for an offence against section 245AEB, the trier of fact may find the defendant not guilty of that offence but guilty of an offence against section 245AE or 245AEA if:
 (a) the trier of fact is not satisfied that the defendant is guilty of an offence against section 245AEB; and
 (b) the trier of fact is satisfied that the defendant is guilty of an offence against section 245AE or 245AEA; and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.