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

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Subdivision C - Slavery-like offences

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SECTION 270.6 Definition of forced labour

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(1)
For the purposes of this Division, forced labour is the condition of a person (the victim ) who provides labour or services if, because of the use of coercion, threat or deception, a reasonable person in the position of the victim would not consider himself or herself to be free:

(a) to cease providing the labour or services; or

(b) to leave the place or area where the victim provides 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 forced labour 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.

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History

S 270.6 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 270.6 formerly read:

SECTION 270.6 Sexual servitude offences
(1)
A person:

(a) whose conduct causes another person to enter into or remain in sexual servitude; and

(b) who intends to cause, or is reckless as to causing, that sexual servitude;
is guilty of an offence.

Penalty:

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

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

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History

S 270.6(1) amended by No 96 of 2005, s 3 and Sch 1 item 5, by substituting " 20 years " for " 19 years " in the penalty, effective 3 August 2005.

(2)
A person:

(a) who conducts any business that involves the sexual servitude of other persons; and

(b) who knows about, or is reckless as to, that sexual servitude; is guilty of an offence.
Penalty:

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

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

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History

S 270.6(2) amended by No 96 of 2005, s 3 and Sch 1 item 6, by substituting " 20 years " for " 19 years " in the penalty, effective 3 August 2005.

(3)
In this section:
conducting a business
includes:

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

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

(c) providing finance for the business.

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