Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_48
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 30536–32749

48  After section 271.11 of the Criminal Code
Insert:

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 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 Subdivision B or BB—the alleged victim has been coerced, threatened or deceived; or
 (b) in the case of an offence against Subdivision BA—the alleged victim, or the alleged victim's guardian, has consented to the removal of an organ of the alleged victim; or
 (c) in the case of an offence against Subdivision C—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 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) If subsection (1) applies in relation to the consent of an alleged victim's guardian to the removal of an organ of the alleged victim, a reference in subsection (2) to the alleged victim is taken to include a reference to the alleged victim's guardian.
 (4) 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.

271.11B  Offences against Division 271—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.