Schedule
-
The Criminal Code
Section
3
CHAPTER 8
-
OFFENCES AGAINST HUMANITY AND RELATED OFFENCES
Division 270
-
Slavery and slavery-like offences
History
Div 270 heading substituted by No 34 of 2018, s 3 and Sch 6 item 5, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:
Division 270
-
Slavery and slavery like conditions
Div 270 heading substituted by No 6 of 2013, s 3 and Sch 1 item 7, 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:
Division 270
-
Slavery, sexual servitude and deceptive recruiting
Subdivision C
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Slavery-like offences
History
Subdiv C heading substituted by No 34 of 2018, s 3 and Sch 6 item 8, applicable in relation to conduct engaged in on or after 23 May 2018. The heading formerly read:
Subdivision C
-
Slavery like conditions
Subdiv C heading inserted by No 6 of 2013, s 3 and Sch 1 item 12, 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.
SECTION 270.4
Definition of
servitude
(1)
For the purposes of this Division,
servitude
is the condition of a person (the
victim
) who provides labour or services, if, because of the use of coercion, threat or deception:
(a)
a reasonable person in the position of the victim would not consider himself or herself to be free:
(i)
to cease providing the labour or services; or
(ii)
to leave the place or area where the victim provides the labour or services; and
(b)
the victim is significantly deprived of personal freedom in respect of aspects of his or her life other than the provision of the labour or services.
(2)
Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.
(3)
The victim may be in a condition of servitude whether or not:
(a)
escape from the condition is practically possible for the victim; or
(b)
the victim has attempted to escape from the condition.
History
S 270.4 substituted by No 6 of 2013, s 3 and Sch 1 item 12, 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 270.4 formerly read:
SECTION 270.4 Definition of
sexual servitude
(1)
For the purposes of this Division,
sexual servitude
is the condition of a person who provides sexual services and who, because of the use of force or threats:
(a)
is not free to cease providing sexual services; or
(b)
is not free to leave the place or area where the person provides sexual services.
(2)
In this section:
sexual service
(Repealed by No 96 of 2005)
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 sexual services by a person.
History
S 270.4(2) amended by No 96 of 2005, s 3 and Sch 1 item 3, by repealing the definition of
"
sexual service
"
, effective 3 August 2005. The definition formerly read:
sexual service
means the commercial use or display of the body of the person providing the service for the sexual gratification of others.