Division 271

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Debt bondage Human trafficking

The scope of division 271 is expansive. It criminalises a range of offences relating to human trafficking, with separate offences for the trafficking of persons and children, as well as separate offences for trafficking in and out of the country and domestically within Australia.

Division 271 also makes it a crime for a person to intentionally cause another person to enter into debt bondage.

The division further defines and criminalises harbouring a victim and organ trafficking.

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Division 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)  A person (the first person) commits an offence of trafficking in persons if:
(a)  the first person organises or facilitates the exit or proposed exit of another person from 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 exit or proposed exit.
Penalty:  Imprisonment for 12 years.
[…]

Division 271.3  – Trafficking in persons—aggravated offence

(1)  A person (the first person) commits an aggravated offence of trafficking in persons if the first person commits the offence of trafficking in persons in relation to another person (the victim) and any of the following applies:
(a)  the first person commits the offence intending that the victim will be exploited, either by the first person or another:
(i)  if the offence of trafficking in persons is an offence against subsection 271.2(1), (1B), (2) or (2B)—after entry into Australia; or
(ii)  if the offence of trafficking in persons is an offence against subsection 271.2(1A), (1C), (2A) or (2C)—after exit from Australia;
(b)  the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c)  the first person, 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:  Imprisonment for 20 years

Law / 01st January 1997 / Australia / Criminal Code Act 1995 (Cth)

The Criminal Code Act 1995 (Cth) (the Code) is Commonwealth or national legislation that provides: – a wide range of criminal offences, from offences relating to the security of the Commonwealth and the proper administration of Government to offences against humanity and dangers to the community; and – general principles of criminal responsibility.