Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p6
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 6/30)
Character Range: 1064899–1067742

a similar act or omission;
an offence against the law of the Commonwealth, State or Territory.
 (3) Subsection (2) applies even if the other law of the Commonwealth, or the law of the State or Territory, does any one or more of the following:
 (a) provides for a penalty for the offence that differs from the penalty provided for in this Division;
 (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Division;
 (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Division.

270.13  Offences against Division 270—double jeopardy
  If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.

Division 271—Trafficking in persons

Subdivision A—Definitions

271.1  Definitions
  In this Division:
coercion has the same meaning as in Division 270 (see section 270.1A).
confiscate, in relation to a person's travel or identity document, means to take possession of the document, whether permanently or otherwise, to the exclusion of the person, or to destroy the document.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
deceive means mislead as to fact (including the intention of any person) or as to law, by words or other conduct.
Note: Deception has a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
exploitation has the meaning given by section 271.1A.
threat has the same meaning as in Division 270 (see section 270.1A).

271.1A  Definition of exploitation
  For the purposes of this Division, exploitation, of one person (the victim) by another person, occurs if the other person's conduct causes the victim to enter into any of the following conditions:
 (a) slavery, or a condition similar to slavery;
 (b) servitude;
 (c) forced labour;
 (d) forced marriage;
 (e) debt bondage.
Note: Division 270 (slavery and slavery‑like offences) deals with slavery, servitude, forced labour, forced marriage and debt bondage.

Subdivision B—Offences relating to trafficking in persons

271.2  Offence of trafficking in persons
 (1) A person (the first person) commits an offence of trafficking in persons if:
 (a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and
 (b) the first person uses coercion, threat or deception; and
 (c) that use of coercion, threat or deception results in the first person obtaining the other person's compliance in respect of that entry or proposed entry or in respect of that receipt.
Penalty: Imprisonment for 12 years.
 (1A)