Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 271 - Trafficking in persons  

Subdivision BA - Organ trafficking  

SECTION 271.7C   Organ trafficking - aggravated offence  

(1)    
A person (the offender ) commits an aggravated offence of organ trafficking if the offender commits an offence of organ trafficking in relation to another person (the victim ) and any of the following applies:

(a) the victim is under 18;

(b) the offender commits the offence intending that an organ of the victim will be removed contrary to this Subdivision, either by the offender or another person:

(i) if the offence of organ trafficking is an offence against subsection 271.7B(1) - after or in the course of entry into Australia; or

(ii) if the offence of organ trafficking is an offence against subsection 271.7B(2) - after or in the course of exit from Australia;

(c) the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;

(d) the offender, 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:

(a) if this subsection applies because the victim is under 18 - imprisonment for 25 years; or

(b) in any other case - imprisonment for 20 years.

Note:

For when the removal of an organ is contrary to this Subdivision, see section 271.7A .

(2)    
If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.7B , it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.

(3)    
Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.7B .

Note:

Section 271.7B provides for offences of organ trafficking.