Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_2:p4
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 4/4)
Character Range: 14404–15867

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 a person (the alleged victim) against whom the offence is alleged to have been committed has been coerced, threatened or deceived.
 (2) The following matters are covered by this subsection:
 (a) the economic relationship between the alleged victim and the alleged offender;
 (b) the terms of any written or oral contract or agreement between the alleged victim and the alleged offender;
 (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) his or her ability to speak, write and understand English or another language; and
 (iii) the extent of his or her social and physical dependence on the alleged offender.
 (3) Subsection (1) does not:
 (a) prevent the leading of any other evidence in the relevant proceedings; or
 (b) limit the manner in which evidence may be given or the admissibility of evidence.

Subdivision D—Offences against Division 270: general

270.11  Offences against Division 270—no defence of victim consent or acquiescence
  To avoid doubt, it is not a defence in a proceeding for an offence against this Division that a person against whom the offence is alleged to have been committed consented to, or acquiesced in, conduct constituting any element of the offence.