Schedule
-
The Criminal Code
Section
3
CHAPTER 8
-
OFFENCES AGAINST HUMANITY AND RELATED OFFENCES
Division 271
-
Trafficking in persons
History
Div 271 heading substituted by No 34 of 2018, s 3 and Sch 6 item 10, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:
Division 271
-
Trafficking in persons and debt bondage
Div 271 inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.
Subdivision D
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Offences against Division 271: general
History
Subdiv D heading substituted by No 6 of 2013, s 3 and Sch 1 item 43, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013. The heading formerly read:
Subdivision D
-
General provisions relating to offences under this Division
Subdiv D inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.
SECTION 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.
History
S 271.12(1) amended by No 74 of 2013, s 3 and Sch 2 item 80, by inserting the note at the end, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
S 271.12(1) renumbered from s 271.12 by No 6 of 2013, s 3 and Sch 1 item 50, by inserting
"
(1)
"
before
"
This Division
"
, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013.
S 271.12 inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.
(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.
History
S 271.12(2) inserted by No 6 of 2013, s 3 and Sch 1 item 51, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013.
(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.
History
S 271.12(3) inserted by No 6 of 2013, s 3 and Sch 1 item 51, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013.