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

View history note

Subdivision C - Slavery-like offences

View history note

SECTION 270.5 Servitude offences

View history reference

Causing a person to enter into or remain in servitude

(1)
A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct causes another person to enter into or remain in servitude.

Penalty:

(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 20 years; or

(b) in any other case - imprisonment for 15 years.

Conducting a business involving servitude

(2)
A person commits an offence if:

(a) the person conducts any business; and

(b) the business involves the servitude of another person (or persons).

Penalty:

(a) in the case of an aggravated offence (see section 270.8 ) - imprisonment for 20 years; or

(b) in any other case - imprisonment for 15 years.

Alternative verdict of forced labour

(3)
Subsection (4) applies if, in a prosecution for an offence (the servitude offence ) against a provision listed in column 1 of the following table, the trier of fact:

(a) is not satisfied that the defendant is guilty of that offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the forced labour offence ) against the corresponding provision listed in column 2 of the table.

Servitude and forced labour offences
Item	Column 1	Column 2
	Servitude offences	Forced labour offences
1	Subsection (1) of this section	Subsection 270.6A(1)
2	Subsection (2) of this section	Subsection 270.6A(2)

(4)
The trier of fact may find the defendant not guilty of the servitude offence, but guilty of the forced labour offence, so long as the defendant has been afforded procedural fairness in relation to that finding of guilt.

View history note

History

S 270.5 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 270.5 formerly read:

SECTION 270.5 Jurisdictional requirement
270.5
Section 15.2 (extended geographical jurisdiction - category B) applies to an offence against section 270.6 or 270.7 .

S 270.5 substituted by No 96 of 2005, s 3 and Sch 1 item 4, effective 3 August 2005. S 270.5 formerly read:

Jurisdictional requirement
270.5
A person commits an offence against section 270.6 or 270.7 only if:

(a) all of the following subparagraphs apply:

(i) the person is an Australian citizen, a resident of Australia, a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory or any other body corporate that carries on its activities principally in Australia; and

(ii) the conduct constituting the offence is engaged in outside Australia; and

(iii) the sexual services to which the alleged offence relates are provided, or to be provided, outside Australia; or

(b) both:

(i) the conduct constituting the alleged offence is to any extent engaged in outside Australia; and

(ii) the sexual services to which the alleged offence relates are to any extent provided, or to be provided, within Australia; or

(c) both:

(i) the conduct constituting the alleged offence is to any extent engaged in within Australia; and

(ii) the sexual services to which the alleged offence relates are to any extent provided, or to be provided, outside Australia.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.