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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Criminal Code
Amendment (Slavery and Sexual Servitude) Bill
1999
No. ,
1999
(Justice and
Customs)
A Bill for an Act to amend the
Criminal Code Act 1995, and for related purposes
ISBN: 0642
391513
Contents
Pacific Islanders Protection Act 1873 (35 & 36 Victoria, ch
19) 9
Pacific Islanders Protection Act 1875 (38 & 39 Victoria, ch
51) 9
Slavery Abolition Act 1833 (3 & 4 William IV, ch
73) 9
Slave Trade Act 1824 (5 George IV, ch
113) 9
Slave Trade Act 1843 (6 & 7 Victoria, ch
98) 9
Slave Trade Act 1873 (36 & 37 Victoria, ch
88) 9
A Bill for an Act to amend the Criminal Code
Act 1995, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Criminal Code Amendment (Slavery and
Sexual Servitude) Act 1999.
This Act commences 28 days after the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Before the Dictionary in the Criminal
Code
Insert:
For the purposes of this Division, slavery is the condition
of a person over whom any or all of the powers attaching to the right of
ownership are exercised, including where such a condition results from a debt or
contract made by the person.
Slavery remains unlawful and its abolition is maintained, despite the
repeal by the Criminal Code Amendment (Slavery and Sexual Servitude) Act
1999 of Imperial Acts relating to slavery.
(1) A person who intentionally:
(a) possesses a slave or exercises over a slave any of the other powers
attaching to the right of ownership; or
(b) engages in slave trading;
whether within or outside Australia, is guilty of an offence.
Penalty: Imprisonment for 25 years.
(2) In this section:
slave trading includes:
(a) the capture, transport or disposal of a person with the intention of
reducing the person to slavery; or
(b) the purchase or sale of a slave; or
(c) any commercial transaction involving a slave;
or exercising control or direction over, or providing finance for, any such
act.
(3) A person who enters into a transaction with the intention of securing
the release of a person from slavery is not guilty of an offence against this
section.
(4) The defendant bears a legal burden of proving the matter mentioned in
subsection (3).
(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 means the commercial use or display of the
body of the person providing the service for the sexual gratification of
others.
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.
A person commits an offence against section 270.6 or 270.7 only
if:
(a) 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 relate are to any
extent provided, or to be provided, within Australia; or
(b) 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 relate are to any
extent provided, or to be provided, outside Australia.
(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 19 years; or
(d) in any other case—imprisonment for 15 years.
(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 19 years; or
(d) in any other case—imprisonment for 15 years.
(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.
(1) A person who, with the intention of inducing another person to enter
into an engagement to provide sexual services, deceives that other person about
the fact that the engagement will involve the provision of sexual services is
guilty of an offence.
Penalty:
(a) in the case of an aggravated offence (see section
270.8)—imprisonment for 9 years; or
(b) in any other case—imprisonment for 7 years.
(2) In this section:
sexual service means the commercial use or display of the
body of the person providing the service for the sexual gratification of
others.
(1) For the purposes of this Division, an offence against section 270.6 or
270.7 is an aggravated offence if the offence was committed
against a person who is under 18.
(2) If the prosecution intends to prove an aggravated offence, the charge
must allege that the offence was committed against a person under that
age.
(3) In order to prove an aggravated offence, the prosecution must prove
that the defendant intended to commit, or was reckless as to committing, the
offence against a person under that age.
If, on a trial for an aggravated offence against section 270.6 or 270.7,
the jury is not satisfied that the defendant is guilty of an aggravated offence,
but is otherwise satisfied that he or she is guilty of an offence against that
section, it may find the defendant not guilty of the aggravated offence but
guilty of an offence against that section.
In determining whether a person has committed an offence against this
Division, it does not matter whether the person is or is not an Australian
citizen or a resident of Australia.
(1) Proceedings for an offence against this Division must not be commenced
without the Attorney-General’s written consent if:
(a) the conduct constituting the alleged offence is to any extent engaged
in outside Australia; and
(b) the person alleged to have committed the offence is not:
(i) an Australian citizen; or
(ii) a resident of Australia; or
(iii) a body corporate incorporated by or under a law of the Commonwealth
or of a State or Territory.
(2) However, a person may be arrested for, charged with, or remanded in
custody or released on bail in connection with an offence against this Division
before the necessary consent has been given.
This Division is not intended to exclude or limit the operation of any
other law of the Commonwealth or any law of a State or Territory.
If a person has been convicted or acquitted in a country outside
Australia of an offence against the law of that country in respect of any
conduct, the person cannot be convicted of an offence against this Division in
respect of that conduct.
In this Division:
Australia, when used in a geographical sense, includes the
external Territories.
2 The Dictionary in the Criminal
Code
Insert:
sexual servitude has the meaning given by section
270.4.
3 The Dictionary in the Criminal
Code
Insert:
slavery has the meaning given by section 270.1.
1 Repeal of
certain Imperial Acts relating to slavery
The Imperial Acts and provisions of Imperial Acts specified in this
Schedule are repealed, so far as they are part of the law of Australia or of an
external Territory.
Pacific
Islanders Protection Act 1873 (35 & 36 Victoria, ch
19)
2 The whole of the Act
Repeal the Act.
Pacific
Islanders Protection Act 1875 (38 & 39 Victoria, ch
51)
3 The whole of the Act
Repeal the Act.
Slavery
Abolition Act 1833 (3 & 4 William IV, ch 73)
4 Section 12
Repeal the section.
Slave
Trade Act 1824 (5 George IV, ch 113)
5 The whole of the Act
Repeal the Act.
Slave
Trade Act 1843 (6 & 7 Victoria, ch 98)
6 The whole of the Act
Repeal the Act.
Slave
Trade Act 1873 (36 & 37 Victoria, ch 88)
7 The whole of the Act
Repeal the Act.