Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 270 - Slavery and slavery-like offences  

Subdivision A - Preliminary  

SECTION 270.1A  

270.1A   Definitions for Division 270  

In this Division:

coercion
includes coercion by any of the following:

(a) force;

(b) duress;

(c) detention;

(d) psychological oppression;

(e) abuse of power;

(f) taking advantage of a person ' s vulnerability.

conducting a business
includes:

(a) taking any part in the management of the business; and

(b) exercising control or direction over the business; and

(c) providing finance for the business.

debt bondage
is the condition of a person (the first person ) if:

(a) the condition arises from a pledge:

(i) by the first person of the personal services of the first person; or

(ii) by another person of the personal services of the first person, and the first person is under the other person ' s control; or

(iii) by the first person of the personal services of another person who is under the first person ' s control; and

(b) the pledge is made as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given) by the person making the pledge; and

(c) any of the following apply:

(i) the debt owed or claimed to be owed is manifestly excessive;

(ii) the reasonable value of those services is not applied toward the liquidation of the debt or purported debt;

(iii) the length and nature of those services are not respectively limited and defined.

deceive
has the same meaning as in Division 271 (see section 271.1 ).

Note:

Deception has a corresponding meaning (see section 18A of the Acts Interpretation Act 1901 ).

forced labour
has the meaning given by section 270.6 .

forced marriage
has the meaning given by section 270.7A .

servitude
has the meaning given by section 270.4 .

slavery
has the meaning given by section 270.1 .

slavery-like offence
means an offence against any of the following provisions:

(a) section 270.5 (servitude offences);

(b) section 270.6A (forced labour offences);

(c) section 270.7 (deceptive recruiting for labour or services);

(d) section 270.7B (forced marriage offences);

(e) section 270.7C (debt bondage).

threat
means:

(a) a threat of coercion; or

(b) a threat to cause a person ' s deportation or removal from Australia; 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.

Note:

Threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional (see the definition in the Dictionary).