1 Paragraph 4.3(b) of the Criminal Code
Omit 'or slave trading;’ and substitute ‘, slave trading or the reduction of a person to slavery;’.
10 Paragraph 270.3(2)(b) of the Criminal Code
Marriage to a person without full consent is prohibited.
10 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
...the coercion, threat or deception is used against the victim or another person.
Overlaps with coercion, threat or deception in marriage.
(3) Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.
...a party to the marriage is married (within the meaning of this subsection)...
Prohibits marriage to a person without full consent.
(i) a party to the marriage has not freely or fully consented...
Prohibits marriage to a person married to more than one person.
(ii) a party to the marriage is married (within the meaning of this subsection) to more than one person.
Prohibits coercion, threat or deception in marriage.
Inserts prohibition on commercial transactions involving slavery.
11 Subsection 270.3(3) of the Criminal Code
Prohibits commercial transactions involving slavery.
Classifies as prohibition on commercial transactions involving slavery.
Repeal sections and substitute with new subdivision C
12 Sections 270.4 to 270.9 of the Criminal Code
12 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Requires consideration of economic relationship, contract terms, and personal circumstances in determining slavery-like conditions.
12(2) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Requires a relation between identifiable temporal intervals.
(2) The following matters are covered by this subsection:
his or her ability to speak, write and understand English or another language;
Requires consideration of economic relationship, contract terms, and personal circumstances.
the personal circumstances of the alleged victim, including but not limited to:
the extent of his or her social and physical dependence on the alleged offender.
12(3) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Other evidence can be led at any time before or after subsection (1)
Temporal interval between subsection (1) and other evidence
Subsection (1) does not prevent the leading of other evidence in proceedings
Other evidence can process information through subsection (1)
Artificial intelligence processing through other evidence
Subsection (1) does not limit the manner in which evidence may be given or its admissibility
Subsection (1) does not prevent other evidence from being led
Other evidence can diffuse information through subsection (1)
Diffusion of information through other evidence
Repeal heading and substitute with new text.
13 Section 270.12 of the Criminal Code (heading)
Insertion of section number in Criminal Code
14 Section 270.12 of the Criminal Code
14 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
15 At the end of section 270.12 of the Criminal Code
No provision of this Division excludes or limits the concurrent operation of other laws.
15(2) At the end of section 270.12 of the Criminal Code
Obligation to exclude or limit concurrent operation
Applicability of subsection (2) despite other laws
15(3) At the end of section 270.12 of the Criminal Code
Other laws do not supersede this subsection
16 Section 270.13 of the Criminal Code (heading)
Procedural fairness is required for guilt in certain cases.
16 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Repeal section 270.14 of the Criminal Code
17 Section 270.14 of the Criminal Code
18 Section 271.1 of the Criminal Code
18 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Court discretion to find defendant not guilty of aggravated offence but guilty of related offence.
18(2) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Court has discretion to permit alternative outcome.
Procedural fairness is required for guilt finding in certain cases.
18(3) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Temporal interval between finding guilt and subsection application
Section 271.7B provides for offences of organ trafficking.
19 Section 271.1 of the Criminal Code (at the end of the
2 Section 73.2 of the Criminal Code (heading)
Defines exploitation with a reference to section 271.1A.
20 Section 271.1 of the Criminal Code
20 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Recklessness applies in relation to paragraph (1)(b).
20(2) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Absolute liability applies in relation to paragraph (1)(c).
20(3) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
A person may be found guilty of an offence against subsection (1) even if the third person has not been prosecuted for, or has not been found guilty, of any other offence.
20(4) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Threats to cause deportation or removal from Australia are prohibited, unless there are reasonable grounds.
List of matters covered by this subsection
Reference to alleged victim includes guardian in organ removal context.
No leading of other evidence in proceedings is prevented.
(b) limit the manner in which evidence may be given or the admissibility of evidence.
(a) prevent the leading of any other evidence in the relevant proceedings;
Forced labour has the same meaning as in Division 270.
Prosecution for a servitude offence cannot proceed if the defendant is guilty of a forced labour offence.
Prohibition on prosecution for servitude offence
Affording procedural fairness in relation to finding of guilt.
Obligation to afford procedural fairness.
Overlaps with other provisions regarding employment practices and penalties.
No exploitation or confiscation allowed.
Prohibits exploitation and confiscation of travel or identity documents.
(ii) the extent to which the victim will be free to cease providing the labour or services;
Prohibits provision of sexual services requiring unprotected sex.
(vi) if the engagement is to involve the provision of sexual services—that fact, or the nature of sexual services to be provided (for example, whether those services will require the victim to have unprotected sex).
Implies imprisonment for specific terms based on offense severity.
(a) in the case of an aggravated offence (see section 270.8)—
Defendant bears evidential burden in relation to reasonable excuse.
The defendant must provide evidence of a reasonable excuse.
Subsection (2) does not apply if the person has a reasonable excuse.
Defendant bears evidential burden in relation to subsection (4).
A defendant bears an evidential burden in relation to the matter in subsection (4).
Defendant believes they have a reasonable excuse.
The defendant must provide evidence of a reasonable excuse during this interval.
Subsection (2) does not apply if the person has an interval of reasonable excuses.
If the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that they are guilty of an offence against section 271.7D, it may find the defendant not guilty of the aggravated offence.
May find the defendant not guilty of the aggravated offence.
Afford procedural fairness in relation to finding of guilt for offence against section 271.7D.
Section 271.7D provides for offences of domestic organ trafficking.
No procedural fairness if no guilt finding
Threats are defined as temporal intervals.
(b) a threat to cause a person’s deportation or removal from Australia; or (c) a threat of any other detrimental action...
Threats are classified as AI-related actions.
Classifies threats as AI-related actions.
Threats to cause deportation or removal are prohibited.
Prohibits threats to cause deportation or removal.
Threats are classified as detrimental actions.
Classifies threats as detrimental actions.
Threats are defined as recurring traces.
21 Section 271.1 of the Criminal Code (definition of threat)
Insert clause after section 271.1 of the Criminal Code
22 After section 271.1 of the Criminal Code
22 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
23 Paragraphs 271.2(1)(b) and (c) of the Criminal Code
Omit specific words from the Criminal Code
24 Paragraphs 271.2(1A)(b) and (c) of the Criminal Code
24 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
25 Paragraphs 271.2(2)(b) and (2A)(b) of the Criminal Code
26 Section 271.3 of the Criminal Code (heading)
26 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
27 Subparagraph 271.3(1)(a)(i) of the Criminal Code
Defines coercion, conducting a business, and related terms.
270 Section 270
Slavery-like offence committed against a person under 18 is an aggravated offence.
270(1) Section 270
Prohibits slavery-like offences against persons under 18.
Prosecution must allege aggravated offence if intending to prove it.
270(2) Section 270
If the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is otherwise satisfied that the defendant is guilty of the corresponding slavery-like offence.
270(3) Section 270
If A overlaps with B, then there is a temporal interval where both A and B occur.
If A recognizes B, then A is aware of B.
If A implies B, then if not A, then not B.
If A diffuses into B, then all instances of A are also instances of B.
Afford procedural fairness in relation to finding of guilt for corresponding slavery-like offence.
270(4) Section 270
(defendant has been afforded procedural fairness)
Jurisdictional requirement for slavery-like offences
Requires jurisdiction for slavery-like offences
Relevant evidence for slavery-like offences
No defence of victim consent or acquiescence in a proceeding for an offence against Division 270.
Prohibits defence of victim consent or acquiescence
Offences against Division 270—other laws not excluded
Offences against Division 270—double jeopardy
Engaging in conduct that causes another person to enter into or remain in servitude is prohibited.
Conducting business involving servitude of another person is an offence.
if the person conducts any business; and the business involves the servitude of another person (or persons).
Involves knowledge representation of conduct
Subsection (1) applies regardless of the victim or another person affected by coercion, threat, or deception.
The obligation applies regardless of the context.
(1) applies whether the coercion, threat or deception is used against the victim or another person.
The obligation applies to all persons affected by coercion, threat, or deception.
The victim may be in a condition of forced labour regardless of their ability to escape.
The victim's condition is a necessary condition for forced labour.
(3) The victim may be in a condition of forced labour whether or not:
The conduct overlaps with the temporal interval of forced labour.
Overlaps with temporal intervals of forced labour.
(a) the person engages in conduct; and (b) the conduct causes another person to enter into or remain in forced labour.
The conduct is recognized as forcing labour.
Prohibits conduct causing forced labour.
The information is diffused about forced labour.
Diffuses information about forced labour.
The conduct is a recurring trace of forced labour.
Recurring trace of conduct causing forced labour.
Forced labour of another person is prohibited.
The business involving forced labour overlaps with other offences.
(2) A person commits an offence if: (a) the person conducts any business; and (b) the business involves the forced labour of another person (or persons).
The system recognizes this as a servitude offence.
The business involving forced labour is prohibited.
The diffusion of forced labour extends to other offences.
There is a recurring trace of forced labour.
Deceptive recruiting for labour or services is prohibited.
Classifies the provision as a prohibition.
Marriage is a forced marriage if one party entered without freely and fully consenting.
(1) For the purposes of this Division, a marriage is a forced marriage...
Defines marriage for the purposes of subsection (1)
...for any reason, including the following:
(2) For the purposes of subsection (1), marriage includes...
Includes specific types of relationships in the definition of marriage
...within the meaning of section 2E of the Acts Interpretation Act 1901;
Subclasses registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901
Subclasses marriage recognised under a law of a foreign country
...under a law of a foreign country, if the relationship is of the same, or a similar, type as any registered relationship within...
Subclasses relationship registered (however that process is described) under a law of a foreign country
Subclasses void, invalid, or not recognised by law marriage
Marriage is a forced marriage if the person is not a victim.
The state must punish those who commit an aggravated offence in a forced marriage.
Strict liability applies to paragraph (2)(c)
271 Section 271
Harbouring a victim under 18 is an aggravated offence.
271(1) Section 271
The state must prohibit harbouring victims under 18.
If 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 271.7F, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
271(2) Section 271
Afford procedural fairness in relation to finding of guilt for offence against section 271.7F.
271(3) Section 271
Aggravated debt bondage: prohibition on committing offence with cruel treatment or danger of death.
Prohibition on committing offence with cruel treatment or danger of death.
(b) the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c)(i) engages in conduct that gives rise to a danger of death or serious harm to the victim or another person;
If 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.
Procedural fairness is required for the finding of guilt.
Procedural fairness is a condition for the application of subsection (2).
Jurisdictional requirements for offences other than domestic trafficking in persons or organs
Jurisdictional requirements for domestic trafficking offenses
Triers of fact may consider coercion, threat, or deception in determining whether a person has been coerced, threatened, or deceived.
in determining whether a person has been coerced, threatened, or deceived
Consideration of coercion, threat, or deception
Triers of fact may have regard to any of the matters covered by subsection (2)
Consideration of coercion, threat, or deception in proceedings
For the purposes of proceedings for an offence against this Division
Ordered trace between triers of fact and coercion, threat, or deception
the trier of fact may have regard to any of the matters covered by subsection (2)
Ordered trace between proceedings and coercion, threat, or deception
No defence of victim consent or acquiescence for offences against Division 271
Offences against Division 271—other laws not excluded
Trafficking in persons is an aggravated offence.
Domestic trafficking in persons is an aggravated offence.
Removal of organs without consent is prohibited.
Removal of organs may be performed during a medical procedure.
Removal of organs may overlap with medical or therapeutic needs.
Removal of organs is carried out in the same location as a medical procedure.
Removal of organs is a complex task requiring cognitive abilities.
Classifies removal of organs as a cognitive task.
Removal of organs requires decision-making and problem-solving.
Prohibits removal of organs without consent.
Removal of organs without consent is contrary to the law.
Removal of organs may be performed at multiple locations.
Removal of organs may diffuse to other locations.
Removal of organs may be performed during a series of medical procedures.
Removal of organs may overlap with medical or therapeutic needs over time.
Removal of organs is carried out in the same location as a medical procedure over time.
Engaging in conduct consisting of the organisation or facilitation of entry into Australia
Aggravated offence of organ trafficking if victim is under 18 or subjected to cruel treatment.
Aggravated offence of organ trafficking.
Prohibits organ trafficking with aggravating factors.
Victim under 18 or subjected to cruel treatment.
Prohibits conduct giving rise to danger of death or serious harm.
Prohibits organ removal without consent.
Offender commits the offence intending that an organ will be removed.
Implies aggravated offence if victim is under 18 or subjected to cruel treatment.
Aggravated offence of domestic organ trafficking
The provision states a fact about harbouring a victim.
Insertion of 'or another person' after 'victim'
28 Subparagraph 271.3(1)(c)(i) of the Criminal Code
Procedural fairness is required for the application of subsection (2) of section 271.3.
29 At the end of section 271.3 of the Criminal Code
Application of subsection (2) after finding guilt
Temporal interval between finding guilt and application of subsection (2)
Finding guilt for the offence against section 271.2
Requires procedural fairness for subsection (2) application
Procedural fairness is required only if defendant has been afforded it
Only applies if defendant has been afforded procedural fairness
Procedural fairness is required for the application of subsection (2)
For the application of subsection (2) to be valid, procedural fairness must be provided
Application of subsection (2) ordered by procedural fairness
Ordered trace of procedural fairness and application of subsection (2)
Procedural fairness in relation to the finding of guilt for the offence against section 271.2
Omit specific phrase from Criminal Code subsection
3 Subsection 73.2(1) of the Criminal Code
Repeal subsection 271.4(3) of the Criminal Code.
30 Subsection 271.4(3) of the Criminal Code
Omit 'force or threats', substitute 'coercion, threat or deception'
31 Paragraphs 271.5(1)(b) and (c) of the Criminal Code
32 Paragraph 271.5(2A)(b) of the Criminal Code
33 Section 271.6 of the Criminal Code (heading)
Insert 'or another person' after 'victim'
34 Subparagraph 271.6(1)(c)(i)
35 At the end of section 271.6 of the Criminal Code
Substitute 'A person' for 'A person (1)' in section 271.7 of the Criminal Code.
36 Section 271.7 of the Criminal Code
Replaces a placeholder with a specific term.
Repeal subsection 271.7(2) of the Criminal Code
37 Subsection 271.7(2) of the Criminal Code
38 After section 271.7
Omit “(1)” from subsection 271.8(1) of the Criminal Code.
39 Subsection 271.8(1) of the Criminal Code
4 Paragraph 73.2(1)(a) of the Criminal Code
4 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
40 Subsection 271.8(1) of the Criminal Code (penalty)
41 Subsections 271.8(2) and (3) of the Criminal Code
Repeal section and substitute with new content.
42 Section 271.9 of the Criminal Code
43 Subdivision D of Division 271 of the Criminal Code
44 Section 271.10 of the Criminal Code (heading)
Substitute specific sections of the Criminal Code
45 Section 271.10 of the Criminal Code
46 Section 271.11 of the Criminal Code (heading)
Omit certain sections of the Criminal Code
47 Section 271.11 of the Criminal Code
Insert clause after section 271.11 of the Criminal Code
48 After section 271.11 of the Criminal Code
Repeal heading and substitute with new title.
49 Section 271.12 of the Criminal Code (heading)
Repeal subsection 73.2(3) of the Criminal Code.
5 Subsection 73.2(3) of the Criminal Code
Insertion of '(1)' before 'This Division'
50 Section 271.12 of the Criminal Code
51 At the end of section 271.12 of the Criminal Code
No provision of this Division excludes or limits concurrent operation of other laws.
51(2) At the end of section 271.12 of the Criminal Code
51(3) At the end of section 271.12 of the Criminal Code
52 Dictionary in the Criminal Code (definition of exploitation)
53 Dictionary in the Criminal Code (definition of forced
Defines enforced marriage as a term in the Criminal Code.
54 Dictionary in the Criminal Code
Defines servitude as having the same meaning as in Division 270.
55 Dictionary in the Criminal Code
56 Dictionary in the Criminal Code (definition of sexual
57 Dictionary in the Criminal Code (definition of sexual
58 Dictionary in the Criminal Code
Repeal definitions of sexual service in Criminal Code
6 Subsections 268.15(3), 268.60(3) and 268.83(3) of the
6 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
6(2) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
The obligation applies regardless of the victim or another person affected.
The victim may be in a condition of servitude regardless of escape possibilities.
6(3) Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
7 Division 270 of the Criminal Code (heading)
Aggravated offence of people smuggling (danger of death or serious harm etc.)
73 Section 73
Insert Schedule 1 Criminal Code amendments
8 Before section 270.1 of the Criminal Code
8 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Classifies the type of obligation or prohibition
This provision classifies a legal effect
9 Before paragraph 270.3(1)(a) of the Criminal Code
1 Paragraph 15Y(1)(c)
Substitute text in paragraph 245AA(2)(c)
10 Paragraph 245AA(2)(c)
11 Paragraph 245AA(2)(d)
Add “within the meaning of the Criminal Code”.
12 At the end of paragraph 245AG(2)(d)
Repeal sections and substitute with new ones.
13 Sections 245AH and 245AI
Omit 'exploitation, or' from the definition of serious offence
14 Section 338 (subparagraph (b)(ii) of the definition of
Repeal specific sections related to slavery and human trafficking.
15 Subparagraphs 5D(3A)(a)(ii) and (iii)
Omit specific phrase from offence definition
2 Paragraph 21B(1)(d)
233B Aggravated offence of people smuggling (danger of death or
A person is exploited if they are subjected to exploitation within the meaning of the Criminal Code.
245AH Meaning of exploited
28 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
(vi) section 271.8 or 271.9 (debt bondage)
3 Section 233B (heading)
4 Subsection 233B(1)
5 Paragraph 233B(1)(a)
6 Subsection 233B(4) (definition of exploit)
7 Subsection 233B(4) (definition of forced labour)
8 Subsection 233B(4) (definition of sexual servitude)
9 Subsection 233B(4) (definition of slavery)
Amendments apply to offences committed on or after the Act's commencement.
1 Application of amendments made by this Act
1 Short title
2 Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People
Commences on day after receiving Royal Assent.
2 Commencement
Schedules governing amendments and repeals of Acts
3 Schedule(s)
An Act to amend the law relating to slavery, slavery-like conditions and people trafficking, and for other purposes
Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013