Revised Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Chris Ellison)Outline and financial impact
General outline
This Bill amends the Criminal Code Act 1995 (the Criminal Code), the Crimes Act 1914 and the Telecommunications (Interception) Act 1979.
The Bill improves the existing strong federal regime of offences targeting trafficking in persons. The Bill criminalises comprehensively every aspect of trafficking in persons and fulfils Australia's legislative obligations under the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Passage of this bill, combined with other measures already in place, will permit Australian ratification of this Protocol.
The principal features of the Bill are:
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- a significant extension to the existing deceptive recruiting for sexual services offence in section 270.7 of the Criminal Code
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- an amendment to the penalty for the aggravated sexual servitude offence in section 270.6 of the Criminal Code (raising the penalty from 19 years to 20 years imprisonment)
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- new offences targeting the trafficking of persons into and from Australia
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- new offences of trafficking children into and from Australia
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- a new offence of debt bondage
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- new domestic trafficking in persons offences where trafficking in persons activity takes place wholly within Australia
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- the application of Part 1AD of the Crimes Act 1914 to the trafficking offences, which provides a protective regime for children appearing as witnesses in proceedings for sexual offences, and
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- amendments to make telephone interception warrants available for the investigation of the new trafficking offences.
Financial impact statement
There is no financial impact flowing directly from the offence provisions in this Bill.