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Trafficking in Persons – Entry into Australia

Trafficking in persons – entry into Australia is an offence under section 271.2(1) 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 entry into, or proposed entry into, or receipt of another person into Australia
  2. You used coercion, a threat or deception to do so, and
  3. Your coercion, threat or deception resulted in the other person’s compliance in terms of entering, or proposing to enter into, Australia.

‘Coercion’ includes force, duress, detention, psychological oppression, abuse of power or taking advantage of the other person’s vulnerability.

A ‘threat’ includes that of any detrimental action unless there are reasonable grounds for that action in connection with the provision of labour or services by the other person.

The threat may be express or implied, conditional or unconditional.

‘Deception’ means 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.

Defences to the charge include:

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

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