Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_42
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 28554–29805

42  Section 271.9 of the Criminal Code
Repeal the section, substitute:

271.9  Debt bondage—aggravated offence
 (1) A person (the offender) commits an offence of aggravated debt bondage if the offender commits an offence of debt bondage in relation to another person (the victim) and any of the following applies:
 (a) the victim is under 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.
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 271.8, 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 271.8.
Note: Section 271.8 provides for the offence of debt bondage.