Going to Court? Book Your Free First Appointment

Trafficking in Persons – Exit from Australia

Trafficking in persons – exit from Australia is an offence under section 271.2(1A) 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 exit, or proposed exit, of another person from 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 exiting or proposing to exit 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.

What Our Clients Say SEE ALL

  • ★★★★★

    High level of attention and responsiveness kept up the whole time he was working on my case

    Arvind Jador stepped in and took over my case and stayed really responsive to all…

  • ★★★★★

    Provided great advice and she achieved a great outcome for myself

    Ash provided great advice and she achieved a great outcome for myself.

  • ★★★★★

    Amazing from start to finish

    Having a family member in a horrible situation Sydney Criminal Lawyer were great and Jayden…

  • ★★★★★

    Very knowledgeable and efficient team of lawyers

    Highly recommend. Very knowledgeable and efficient team of lawyers.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)