Domestic trafficking in persons by deception is an offence under section 271.5(2A) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
To ‘deceive’ is to mislead as to fact, including as to the intention of any person, or as to law, and can occur by words or other conduct.
‘Exploitation’ is conduct causing the other person to enter into slavery, or a condition similar to slavery, or servitude, forced labour, forced marriage or debt bondage.
To ‘confiscate’ is to take possession of, whether permanently or temporarily, or to destroy.
Defences to the charge include:
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