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Domestic Trafficking in Persons by Deception

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:

  1. You organised or facilitated the transportation of another person from one place in Australia to another place in Australia, and
  2. You deceived the other person about the fact the transportation, or any arrangements you made for the other person following transportation, would involve the provision of sexual services, exploitation, or confiscation of travel or identity documents.

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:

  1. Duress
  2. Self-defence, and
  3. Necessity.

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