Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p4
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 4/30)
Character Range: 1059902–1062749

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.
Note: In the case of a slavery‑like offence against section 270.7B involving a marriage that is a forced marriage because the victim was under 16 when the marriage was entered into (see paragraph 270.7A(1)(b)), the offence is also an aggravated offence because of paragraph (a) of this subsection.
 (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, in relation to a person (the alleged victim) against whom the offence is alleged to have been committed:
 (a) in the case of an offence against this Subdivision—the alleged victim has been coerced, threatened or deceived; or
 (b) in the case of an offence against section 270.5—the alleged victim was significantly deprived of personal freedom; or
 (c) in the case of an offence against section 270.7B—the alleged victim was incapable of understanding the nature and effect of a marriage ceremony; or
 (d) in the case of an offence against section 270.7C—another person has caused the alleged victim to enter into debt bondage.
 (2) The following matters are covered by this subsection:
 (a) the economic relationship between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;
 (b) the terms of any written or oral contract or agreement between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;
 (c) the personal circumstances of the alleged victim, including but not limited to:
 (i) whether he or she is entitled to be in Australia under the Migration Act 1958; and
 (ii)