Document ID: chunk:federal_register_of_legislation:C2005A00096:clause:1_9:p4
Version: federal_register_of_legislation:C2005A00096
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 4/8)
Character Range: 13115–15866

of the aggravated offence but guilty of an offence against that section.

271.4  Offence of trafficking in children

 (1) A person (the first person) commits an offence of trafficking in children if:
 (a) the first person organises or facilitates the entry or proposed entry into Australia, or the receipt in Australia, of another person; and
 (b) the other person is under the age of 18; and
 (c) in organising or facilitating that entry or proposed entry, or that receipt, the first person:
 (i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt; or
 (ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt.

Penalty: Imprisonment for 25 years.

 (2) A person (the first person) commits an offence of trafficking in children if:
 (a) the first person organises or facilitates the exit or proposed exit from Australia of another person; and
 (b) the other person is under the age of 18; and
 (c) in organising or facilitating that exit or proposed exit, the first person:
 (i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit; or
 (ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit.

Penalty: Imprisonment for 25 years.

 (3) In this section:

sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.

271.5  Offence of domestic trafficking in persons

 (1) A person (the first person) commits an offence of domestic trafficking in persons if:
 (a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Australia to another place in Australia; and
 (b) the first person uses force or threats; and
 (c) that use of force or threats results in the first person obtaining the other person's compliance in respect of that transportation or proposed transportation.

Penalty: Imprisonment for 12 years.

 (2) A person (the first person) commits an offence of domestic trafficking in persons if:
 (a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Australia to another place in Australia; and
 (b) in organising or facilitating that transportation or proposed transportation, the first person is reckless as to whether the other person will be exploited,