(a) the first‑mentioned person organises or facilitates the transportation of another person from one place in Australia to another place in Australia; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that transportation, the first‑mentioned person:
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first‑mentioned person or another, during or following the transportation to that other place; 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‑mentioned person or another, during or following the transportation to that other place.
Penalty: Imprisonment for 25 years.
Subdivision BA—Organ trafficking
271.7A Removal of organs contrary to this Subdivision
The removal of a person’s organ is contrary to this Subdivision if:
(a) the removal, or entering into an agreement for the removal, would be contrary to the law of the State or Territory where it is, or is to be, carried out; or
(b) neither the victim, nor the victim’s guardian, consents to the removal, and it would not meet a medical or therapeutic need of the victim.
271.7B Offence of organ trafficking—entry into and exit from Australia
Entry into Australia
(1) A person (the offender) commits an offence of organ trafficking if:
(a) the offender engages in conduct consisting of the organisation or facilitation of the entry or proposed entry, or the receipt, of another person (the victim) into Australia; and
(b) the offender is reckless as to whether the conduct will result in the removal of an organ of the victim contrary to this Subdivision, by the offender or another person, after or in the course of that entry or receipt.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.
Exit from Australia
(2) A person (the offender) commits an offence of organ trafficking if:
(a) the offender engages in conduct consisting of the organisation or facilitation of the exit or proposed exit of another person (the victim) from Australia; and
(b) the offender is reckless as to whether the conduct will result in the removal of an organ of the victim contrary to this Subdivision, by the offender or another person, after or in the course of that exit.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.
(1) A person (the offender) commits an aggravated offence of organ trafficking if the offender commits an offence of organ trafficking in relation to another person (the victim) and any of the following applies:
(a) the victim is under 18;
(b) the offender commits the offence intending that an organ of the victim will be removed contrary to this Subdivision, either by the offender or another person:
(i) if the offence of organ trafficking is an offence against subsection 271.7B(1)—after or in the course of entry into Australia; or
(ii) if the offence of organ trafficking is an offence against subsection 271.7B(2)—after or in the course of exit from Australia;
(c) the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(d) 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.
Penalty:
(a) if this subsection applies because the victim is under 18—imprisonment for 25 years; or
(b) in any other case—imprisonment for 20 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.
(2) If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.7B, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
(3) Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.7B.
Note: Section 271.7B provides for offences of organ trafficking.
271.7D Offence of domestic organ trafficking
A person (the offender) commits an offence of domestic organ trafficking if:
(a) the offender engages in conduct consisting of the organisation, or facilitation, of the transportation or proposed transportation of another person (the victim) from one place in Australia to another place in Australia; and
(b) the offender is reckless as to whether the conduct will result in the removal of an organ of the victim contrary to this Subdivision, by the offender or another person, after or in the course of that transportation.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.
271.7E Domestic organ trafficking—aggravated offence
(1) A person (the offender) commits an aggravated offence of domestic organ trafficking if the offender commits an offence of domestic organ trafficking in relation to another person (the victim) and any of the following applies:
(a) the victim is under 18;
(b) the offender commits the offence intending that an organ of the victim will be removed contrary to this Subdivision, either by the offender or another person, after arrival at the place to which the person has been transported, or in the course of transportation;
(c) the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(d) 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.
Penalty:
(a) if this subsection applies because the victim is under 18—imprisonment for 25 years; or
(b) in any other case—imprisonment for 20 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.
(2) If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.7D, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
(3) Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.7D.
Note: Section 271.7D provides for offences of domestic organ trafficking.
Subdivision BB—Harbouring a victim
271.7F Harbouring a victim
(1) A person (the offender) commits an offence of harbouring a victim if:
(a) the offender harbours, receives or conceals another person (the victim); and
(b) the harbouring, receipt or concealing of the victim:
(i) assists a third person in connection with any offence committed by the third person (the third person offence); or
(ii) furthers a third person’s purpose in relation to any offence committed by the third person (the third person offence); and
(c) the third person offence is an offence against this Division (apart from this section) or Division 270.
Penalty: Imprisonment for 4 years.
(2) Recklessness applies in relation to paragraph (1)(b).
(3) Absolute liability applies in relation to paragraph (1)(c).
(4) 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.
271.7G Harbouring a victim—aggravated offence
(1) A person (the offender) commits an aggravated offence of harbouring a victim if:
(a) the offender commits an offence of harbouring a victim in relation to another person (the victim); and
(b) the victim is under 18.
Penalty: Imprisonment for 7 years.
(2) If, on a trial for an offence against this section, 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.
(3) Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.7F.
Note: Section 271.7F provides for the offence of harbouring a victim.
Subdivision D—Offences against Division 271: general
271.10 Jurisdictional requirements—offences other than domestic trafficking in persons or organs
Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against section 271.2, 271.3, 271.4, 271.7B, 271.7C, 271.7F or 271.7G.
271.11 Jurisdictional requirements—offences of domestic trafficking in persons or organs
A person commits an offence against section 271.5, 271.6, 271.7, 271.7D or 271.7E only if one or more of the following paragraphs applies:
(a) the conduct constituting the offence occurs to any extent outside Australia;
(b) the conduct constituting the offence involves transportation across State borders, either for reward or in connection with a commercial arrangement;
(c) the conduct constituting the offence occurs within a Territory or involves transportation to or from a Territory;
(d) the conduct constituting the offence is engaged in by, or on behalf of, a constitutional corporation, or in circumstances where the victims of the trafficking conduct were intended to be employed by a constitutional corporation;
(e) some of the conduct constituting the offence is engaged in by communication using a postal, telegraphic or telephonic service within the meaning of paragraph 51(v) of the Constitution;
(f) the victim of the conduct constituting the offence is an alien.
271.11A Offences against Division 271—relevant evidence
(1) For the purposes of proceedings for an offence against this Division, 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 Subdivision B—the alleged victim has been coerced, threatened or deceived; or
(b) in the case of an offence against Subdivision BA—the alleged victim, or the alleged victim’s guardian, has consented to the removal of an organ of the alleged victim.
(2) The following matters are covered by this subsection:
(a) the economic relationship between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;
(b) the terms of any written or oral contract or agreement between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;
(c) the personal circumstances of the alleged victim, including but not limited to:
(i) whether he or she is entitled to be in Australia under the Migration Act 1958; and
(ii) his or her ability to speak, write and understand English or another language; and
(iii) the extent of his or her social and physical dependence on the alleged offender or any other person.
(3) If subsection (1) applies in relation to the consent of an alleged victim’s guardian to the removal of an organ of the alleged victim, a reference in subsection (2) to the alleged victim is taken to include a reference to the alleged victim’s guardian.
(4) Subsection (1) does not:
(a) prevent the leading of any other evidence in the relevant proceedings; or
(b) limit the manner in which evidence may be given or the admissibility of evidence.
(5) In this section:
family member of a person means:
(a) the person’s spouse or de facto partner; or
(b) a parent, step‑parent or grandparent of the person; or
(c) a child, step‑child or grandchild of the person; or
(d) a brother, sister, step‑brother or step‑sister of the person; or
(e) a guardian or carer of the person.
(6) For the purposes of this section, the family members of a person are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;
(c) anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.
271.11B Offences against Division 271—no defence of victim consent or acquiescence
To avoid doubt, it is not a defence in a proceeding for an offence against this Division that a person against whom the offence is alleged to have been committed consented to, or acquiesced in, conduct constituting any element of the offence.
271.12 Offences against Division 271—other laws not excluded
(1) This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division.
(2) Without limiting subsection (1), this Division is not intended to exclude or limit the concurrent operation of any other law of the Commonwealth, or a law of a State or Territory, that makes:
(a) an act or omission that is an offence against a provision of this Division; or
(b) 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.
271.13 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 271A—Overseas travel by certain registered offenders
271A.1 Restrictions on overseas travel by certain registered offenders
(1) A person commits an offence if:
(a) the person is an Australian citizen; and
(b) the person’s name is entered on a child protection offender register (however described) of a State or Territory; and
(c) the person has reporting obligations (however described) in connection with that entry on the register; and
(d) the person leaves Australia.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to paragraph (1)(a).
Note: For absolute liability, see section 6.2.
(3) Subsection (1) does not apply if:
(a) a competent authority (within the meaning of section 12 of the Australian Passports Act 2005 or section 13 of the Foreign Passports (Law Enforcement and Security) Act 2005) has given permission (however described) for the person to leave Australia; or
(b) the reporting obligations of the person are suspended at the time the person leaves Australia.
Note: The defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3).
Division 272—Child sex offences outside Australia
Subdivision A—Preliminary
272.1 Definitions
In this Division:
cause a person to engage in sexual intercourse or other sexual activity has the meaning given by section 272.2.
offence, in the case of a reference to an offence against this Division or against a particular provision of it, has a meaning affected by section 272.5.
position of trust or authority has the meaning given by subsection 272.3(1).
sexual intercourse has the meaning given by section 272.4.
272.2 When conduct causes a person to engage in sexual intercourse or other sexual activity
For the purposes of this Division, a person’s conduct causes another person to engage in sexual intercourse or other sexual activity if it substantially contributes to the other person engaging in sexual intercourse or other sexual activity.
272.3 Meaning of position of trust or authority
(1) For the purposes of this Code, a person is in a position of trust or authority in relation to another person if:
(a) the person is the other person’s parent, step‑parent, or grandparent; or
(b) the person is the other person’s foster parent, guardian or carer; or
(c) the person is a teacher engaged in the education of the other person; or
(d) the person is a religious official or spiritual leader (however described) providing pastoral care or religious instruction to the other person; or
(e) the person is the other person’s sports coach; or
(f) the person is a medical practitioner, nurse, psychologist, other health professional (however described), counsellor or social worker providing professional services to the other person; or
(g) the person is a member of a police force or police service, or a person employed or providing services in a correctional institution (however described), performing duties in relation to the other person; or
(h) the person:
(i) is an employer of the other person; or
(ii) has the authority to determine significant aspects of the other person’s terms and conditions of employment; or
(iii) has the authority to terminate the other person’s employment (whether the other person is being paid in respect of that employment or is working in a voluntary capacity).