Criminal Code Act 1995

S 73.2(1) amended by No 6 of 2013, s 3 and Sch 1 items 3 - 4, by substituting " either or both of the following apply " for " any of the following applies " and repealing para (a), 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. Para (a) formerly read:

(a) the first person commits the underlying offence intending that the victim will be exploited after entry into the foreign country (whether by the first person or another);

S 73.2(1) substituted by No 50 of 2010, s 3 and Sch 1 item 3, effective 1 June 2010. S 73.2(1) formerly read:

(1)
A person (the first person ) is guilty of an offence if the first person commits the offence of people smuggling 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 after entry into the foreign country (whether by the first person or another);

(b) in committing the offence, the first person subjects the victim to cruel, inhuman or degrading treatment;

(c) in committing the offence, the first person ' s conduct:

(i) gives rise to a danger of death or serious harm to the victim; and

(ii) the first person is reckless as to the danger of death or serious harm to the victim that arises from the conduct.

Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.

S 73.2(2) inserted by No 50 of 2010, s 3 and Sch 1 item 3, effective 1 June 2010.

Former s 73.2(2) repealed by No 96 of 2005, s 3 and Sch 1 item 1, effective 3 August 2005. S 73.2(2) formerly read:

(2)
For the purposes of subsection (1) , and without limitation, the victim will be exploited by a person (the exploiter ) if either of the following applies:

(a) the exploiter ' s conduct causes the victim to enter into slavery, forced labour or sexual servitude;

(b) the exploiter ' s conduct causes an organ of the victim to be removed and:

(i) neither the victim nor the victim ' s legal guardian consented to the removal of the organ; and

(ii) the organ was not removed to meet a medical or therapeutic need of the victim.

S 73.2(2A) inserted by No 50 of 2010, s 3 and Sch 1 item 3, effective 1 June 2010.

S 73.2(3) repealed by No 6 of 2013, s 3 and Sch 1 item 5, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on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 73.2(3) formerly read:

(3)
In this section:

forced labour
means the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:

(a) is not free to cease providing labour or services; or

(b) is not free to leave the place or area where the person provides labour or services.

sexual servitude
has the same meaning as in Division 270 .

slavery
has the same meaning as in Division 270 .

threat
means:

(a) a threat of force; or

(b) a threat to cause a person ' s deportation; 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.