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Domestic Trafficking in Persons – Recklessness as to Exploitation

Domestic trafficking in persons – recklessness as to exploitation is an offence under section 271.5(2) 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, or proposed transportation, of another person from one place in Australia to another place in Australia, and
  2. In doing so, you were reckless as to whether the other person would be exploited.

‘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.

You were ‘reckless’ if you were aware there was a substantial risk that the other person would be exploited and it was unjustifiable to take that risk, but you went ahead with your actions regardless.

Defences to the charge include:

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

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