a certificate signed by the Minister responsible for legislation relating to foreign affairs certifying to any matter relevant to that question is prima facie evidence of the matter so certified.
268.125 Meaning of civilian
In this Division, the expression civilian does not include a person who is a member of an organised armed group.
Division 270—Slavery and slavery‑like offences
Subdivision A—Preliminary
270.1A Definitions for Division 270
In this Division:
coercion includes coercion by any of the following:
(a) force;
(b) duress;
(c) detention;
(d) psychological oppression;
(e) abuse of power;
(f) taking advantage of a person’s vulnerability.
conducting a business includes:
(a) taking any part in the management of the business; and
(b) exercising control or direction over the business; and
(c) providing finance for the business.
debt bondage is the condition of a person (the first person) if:
(a) the condition arises from a pledge:
(i) by the first person of the personal services of the first person; or
(ii) by another person of the personal services of the first person, and the first person is under the other person’s control; or
(iii) by the first person of the personal services of another person who is under the first person’s control; and
(b) the pledge is made as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given) by the person making the pledge; and
(c) any of the following apply:
(i) the debt owed or claimed to be owed is manifestly excessive;
(ii) the reasonable value of those services is not applied toward the liquidation of the debt or purported debt;
(iii) the length and nature of those services are not respectively limited and defined.
deceive has the same meaning as in Division 271 (see section 271.1).
Note: Deception has a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
forced labour has the meaning given by section 270.6.
forced marriage has the meaning given by section 270.7A.
servitude has the meaning given by section 270.4.
slavery has the meaning given by section 270.1.
slavery‑like offence means an offence against any of the following provisions:
(c) section 270.7 (deceptive recruiting for labour or services);
(d) section 270.7B (forced marriage offences);
(e) section 270.7C (debt bondage).
threat means:
(a) a threat of coercion; or
(b) a threat to cause a person’s deportation or removal from Australia; or
(c) a threat of any other detrimental action, unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by a person.
Note: Threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional (see the definition in the Dictionary).
Subdivision B—Slavery
270.1 Definition of slavery
For the purposes of this Division, slavery is the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person.
270.2 Slavery is unlawful
Slavery remains unlawful and its abolition is maintained, despite the repeal by the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 of Imperial Acts relating to slavery.
270.3 Slavery offences
(1) A person who, whether within or outside Australia, intentionally:
(aa) reduces a person to slavery; or
(a) possesses a slave or exercises over a slave any of the other powers attaching to the right of ownership; or
(b) engages in slave trading; or
(c) enters into any commercial transaction involving a slave; or
(d) exercises control or direction over, or provides finance for:
(i) any act of slave trading; or
(ii) any commercial transaction involving a slave;
commits an offence.
Penalty: Imprisonment for 25 years.
(2) A person who:
(a) whether within or outside Australia:
(i) enters into any commercial transaction involving a slave; or
(ii) exercises control or direction over, or provides finance for, any commercial transaction involving a slave; or
(iii) exercises control or direction over, or provides finance for, any act of slave trading; and
(b) is reckless as to whether the transaction or act involves a slave, slavery, slave trading or the reduction of a person to slavery;
commits an offence.
Penalty: Imprisonment for 17 years.
(3) In this section:
commercial transaction involving a slave includes a commercial transaction by which a person is reduced to slavery.
slave trading includes:
(a) the capture, transport or disposal of a person with the intention of reducing the person to slavery; or
(b) the purchase or sale of a slave.
(4) A person who engages in any conduct with the intention of securing the release of a person from slavery does not commit an offence against this section.
(5) The defendant bears a legal burden of proving the matter mentioned in subsection (4).
270.3A Slavery offences—geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against section 270.3.
270.3B Prosecutions
(1) Proceedings for an offence against section 270.3, where the conduct constituting the alleged offence occurs wholly outside Australia, must not take place except with the consent in writing of the Attorney‑General.
(2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against section 270.3:
(a) a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed; and
(b) a person may be charged with the offence; and
(c) a person so charged may be remanded in custody or on bail;
but no further step in proceedings referred to in subsection (1) is to be taken until such a consent has been given.
(3) Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.
Subdivision C—Slavery‑like offences
270.4 Definition of servitude
(1) For the purposes of this Division, servitude is the condition of a person (the victim) who provides labour or services, if, because of the use of coercion, threat or deception:
(a) a reasonable person in the position of the victim would not consider himself or herself to be free:
(i) to cease providing the labour or services; or
(ii) to leave the place or area where the victim provides the labour or services; and
(b) the victim is significantly deprived of personal freedom in respect of aspects of his or her life other than the provision of the labour or services.
(2) Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.
(3) The victim may be in a condition of servitude whether or not:
(a) escape from the condition is practically possible for the victim; or
(b) the victim has attempted to escape from the condition.
270.5 Servitude offences
Causing a person to enter into or remain in servitude
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes another person to enter into or remain in servitude.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or
(b) in any other case—imprisonment for 15 years.
Conducting a business involving servitude
(2) A person commits an offence if:
(a) the person conducts any business; and
(b) the business involves the servitude of another person (or persons).
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or
(b) in any other case—imprisonment for 15 years.
Alternative verdict of forced labour
(3) Subsection (4) applies if, in a prosecution for an offence (the servitude offence) against a provision listed in column 1 of the following table, the trier of fact:
(a) is not satisfied that the defendant is guilty of that offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the forced labour offence) against the corresponding provision listed in column 2 of the table.
Servitude and forced labour offences
Item Column 1Servitude offences Column 2Forced labour offences
1 Subsection (1) of this section Subsection 270.6A(1)
2 Subsection (2) of this section Subsection 270.6A(2)
(4) The trier of fact may find the defendant not guilty of the servitude offence, but guilty of the forced labour offence, so long as the defendant has been afforded procedural fairness in relation to that finding of guilt.
270.6 Definition of forced labour
(1) For the purposes of this Division, forced labour is the condition of a person (the victim) who provides labour or services if, because of the use of coercion, threat or deception, a reasonable person in the position of the victim would not consider himself or herself to be free:
(a) to cease providing the labour or services; or
(b) to leave the place or area where the victim provides the labour or services.
(2) Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.
(3) The victim may be in a condition of forced labour whether or not:
(a) escape from the condition is practically possible for the victim; or
(b) the victim has attempted to escape from the condition.
270.6A Forced labour offences
Causing a person to enter into or remain in forced labour
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes another person to enter into or remain in forced labour.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 12 years; or
(b) in any other case—imprisonment for 9 years.
Conducting a business involving forced labour
(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).
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 12 years; or
(b) in any other case—imprisonment for 9 years.
Note: On a trial for an offence against section 270.5 (servitude offences), the trier of fact may find a defendant not guilty of that offence but guilty of the corresponding offence under this section (see subsections 270.5(3) and (4)).
270.7 Deceptive recruiting for labour or services
A person (the recruiter) commits an offence if:
(a) the recruiter engages in conduct; and
(b) the recruiter engages in the conduct with the intention of inducing another person (the victim) to enter into an engagement to provide labour or services; and
(c) the conduct causes the victim to be deceived about:
(i) the extent to which the victim will be free to leave the place or area where the victim provides the labour or services; or
(ii) the extent to which the victim will be free to cease providing the labour or services; or
(iii) the extent to which the victim will be free to leave his or her place of residence; or
(iv) if there is or will be a debt owed or claimed to be owed by the victim in connection with the engagement—the quantum, or the existence, of the debt owed or claimed to be owed; or
(v) the fact that the engagement will involve exploitation, or the confiscation of the victim’s travel or identity documents; or
(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).
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 9 years; or
(b) in any other case—imprisonment for 7 years.
270.7A Definition of forced marriage
(1) A marriage is a forced marriage if:
(a) either party to the marriage (the victim) entered into the marriage without freely and fully consenting:
(i) because of the use of coercion, threat or deception; or
(ii) because the victim was incapable of understanding the nature and effect of the marriage ceremony; or
(b) when the marriage was entered into, either party to the marriage (the victim) was under 16.
(2) For the purposes of subsection (1), marriage includes the following:
(a) a registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901;
(b) a marriage recognised under a law of a foreign country;
(c) a relationship registered (however that process is described) under a law of a foreign country, if the relationship is of the same, or a similar, type as any registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901;
(d) a marriage (including a relationship or marriage mentioned in paragraph (a), (b) or (c)) that is void, invalid, or not recognised by law, for any reason, including the following:
(i) a party to the marriage has not freely or fully consented to the marriage (for example, because of natural, induced or age‑related incapacity);
(ii) a party to the marriage is married (within the meaning of this subsection) to more than one person.
Note: Section 2E of the Acts Interpretation Act 1901 covers relationships registered under a law of a State or Territory that are prescribed by regulations under that Act.
(3) Subparagraph (1)(a)(i) applies whether the coercion, threat or deception is used against the victim or another person.
270.7B Forced marriage offences
Causing a person to enter into a forced marriage
(1) A person (the first person) commits an offence if:
(a) the first person engages in conduct; and
(b) the conduct causes another person to enter into a forced marriage as the victim of the marriage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 9 years; or
(b) in any other case—imprisonment for 7 years.
Being a party to a forced marriage
(2) A person commits an offence if:
(a) the person is a party to a marriage (within the meaning of section 270.7A); and
(b) the marriage is a forced marriage; and
(c) the person is not a victim of the forced marriage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 9 years; or
(b) in any other case—imprisonment for 7 years.
(3) Strict liability applies to paragraph (2)(c).
Note: For strict liability, see section 6.1.
(4) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).
Consent to commence proceedings if defendant under 18
(5) Proceedings for an offence against subsection (1) or (2) must not be commenced without the consent of the Attorney‑General if the defendant was under 18 at the time the defendant allegedly engaged in the conduct constituting the offence.
(6) However, a person may be arrested for, charged with or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.
270.7C Offence of debt bondage
A person commits an offence of debt bondage if:
(a) the person engages in conduct that causes another person to enter into debt bondage; and
(b) the person intends to cause the other person to enter into debt bondage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 7 years; or
(b) in any other case—imprisonment for 4 years.
270.8 Slavery‑like offences—aggravated offences
(1) For the purposes of this Division, a slavery‑like offence committed by a person (the offender) against another person (the victim) is an aggravated offence if any of the following applies:
(a) the victim is under 18;
(b) the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c) the offender, in committing the offence:
(i) engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
(ii) is reckless as to that danger.
Note: In the case of a slavery‑like offence against section 270.7B involving a marriage that is a forced marriage because the victim was under 16 when the marriage was entered into (see paragraph 270.7A(1)(b)), the offence is also an aggravated offence because of paragraph (a) of this subsection.
(2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
(3) If, on a trial for an aggravated offence, 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, it may find the defendant not guilty of the aggravated offence, but guilty of the corresponding slavery‑like offence.
(4) Subsection (3) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the corresponding slavery‑like offence.
Section 15.2 (extended geographical jurisdiction—category B) applies to a slavery‑like offence.
270.10 Slavery‑like offences—relevant evidence
(1) For the purposes of proceedings for a slavery‑like offence, 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 this Subdivision—the alleged victim has been coerced, threatened or deceived; or
(b) in the case of an offence against section 270.5—the alleged victim was significantly deprived of personal freedom; or
(c) in the case of an offence against section 270.7B—the alleged victim was incapable of understanding the nature and effect of a marriage ceremony; or