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