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Trafficking in Children – Exit from Australia

Trafficking in children – exit from Australia is an offence under section 271.4(2) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 25 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You organised or facilitated the exit or proposed exit of another person from Australia
  2. You intended the other person to be used to provide sexual services, or to otherwise be exploited, or you were reckless as to whether the other person would be used to provide sexual services, or would otherwise be exploited, and
  3. The other person was under the age of 18 years.

You were ‘reckless’ if you were aware there was a substantial risk that the other person would be used to provide sexual services, or would otherwise 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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