People trafficking, forced marriage and slavery offences

Parliament house flag post

People trafficking, forced marriage and slavery offences

Posted 15/06/2012 by Monica Biddington

The Crimes Legislation Amendments (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012 was introduced into the House of Representatives on 30 May 2012. This Flagpost is a skeleton of a larger project.
If passed in its current form, this Bill will:

  • expand the definition of slavery to include physical and psychological threats, coercion and deception
  • expand the servitude and exploitation offences to not be limited to sexual servitude
  • create new offences for aggravated slavery-like offences.
  • create new offences for forced marriage
  • create new offences for harbouring or receiving a trafficking or slavery victim
  • increase the penalties for debt bondage offences
The Bill is the culmination of extensive reports, international activities, roundtables and the Government seeking to fulfil its commitment combating trafficking in all its forms and to ensuring that Australia’s anti-trafficking strategy remains relevant and responsive to emerging trends and issues.

A comprehensive Bills Digest will be prepared by the Parliamentary Library and will be available on the Library’s website.

Most of the amendments will be made to the provisions in the Criminal Code Act 1995 (Cth) (the Code). This will include the new definitions section 270.1A that defines terms such as coercion and threat. Further, section 270.4 will define servitude.

The servitude and exploitation amendments will broaden the definitions of existing terms such as exploitation to better reflect international obligations and standards.

It is proposed that aggravated slavery-like offences (servitude, forced labour, deceptive recruiting for labour, forced marriage) are explicitly prescribed in the Code. Proposed section 270.8 will do this.

The Bill will define the term forced marriage and will create two new offences relating to forced marriage and will define the term forced marriage. This will help to distinguish between arranged marriages and forced marriages.
Three new forced labour offences are created by this Bill. It will be an offence to cause a person to enter into or remain in forced labour (proposed subsection 270.6A(1)), to conduct a business involving forced labour (Proposed subsection 270.6A (2) and deceptive recruiting for labour or services (proposed section 270.7).
The Bill proposes a change to the definition of ‘forced labour’ to include an objective test so a person will be considered a victim of forced labour if, because of coercion, threat or deception, a reasonable person in the position of the victim would not consider themselves to be able to stop providing their labour or leave the place where they are working.

Proposed section 271.7A will create a new offence of harbouring a victim of trafficking. This will comply with the United Nations Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organised Crime (Trafficking Protocol)

The existing aggravated offence of debt bondage will have its penalty increased from 2 years to 7 years.

This article may be of interest

Thank you for your comment. If it does not require moderation, it will appear shortly.
Facebook LinkedIn Twitter Add | Email Print


Flagpost is a blog on current issues of interest to members of the Australian Parliament

Parliamentary Library Logo showing Information Analysis & Advice




refugees asylum immigration parliament climate change Australian foreign policy elections social security welfare reform welfare policy school education Indigenous Australians Australian Defence Force health financing taxation women Private health insurance higher education emissions trading Australian Bureau of Statistics employment people trafficking statistics Middle East illicit drugs gambling health reform federal election 2010 income management Medicare disability Sport United Nations Asia politics criminal law Afghanistan health forced labour transport aid Australian Sports Anti-Doping Agency World Anti-Doping Agency United States federal budget Industrial Relations Carbon Pricing Mechanism dental health Senate Australian Public Service constitution Australian Electoral Commission WADA child protection environment poker machines Australia in the Asian Century steroids National Disability Insurance Scheme detention aged care 43rd Parliament slavery health system OECD ASADA Law Enforcement Australian Federal Police Fair Work Act governance labour force people smuggling debt international relations New Zealand food Australian Crime Commission pharmaceutical benefits scheme electoral reform Census election results UK Parliament Papua New Guinea banking International Women's Day corruption pensions public service reform children's health Aviation federal election 2013 foreign debt gross debt net debt defence capability parliamentary procedure Senators and Members ALP Newstart Parenting Payment multiculturalism Youth Allowance sea farers leadership military history by-election political parties High Court skilled migration voting mental health Federal Court terrorist groups science social media Higher Education Loan Program HECS federal state relations accountability youth paid parental leave same sex relationships coal seam gas customs planning doping crime health risks Gonski Review of Funding for Schooling sex slavery Special Rapporteur Northern Territory Emergency Response social policy Productivity United Kingdom firearms public policy Population violence against women domestic violence China ADRV terrorism transparency research and development welfare ASIO intelligence community Australian Security Intelligence Organisation carbon tax mining employer employee renewable energy regional unemployment fishing European Union family assistance United Nations Security Council Australian economy forestry food labelling vocational education and training Drugs welfare systems Indonesia children Constitutional reform local government codes of conduct terrorist financing homelessness Parliamentary remuneration money laundering Trafficking in Persons Report energy social inclusion human rights paternalism election timetable citizenship asylum seekers early childhood education Canada Financial sector national security fuel disability employment Tasmania integrity standards NATO Australian Secret Intelligence Service sexual abuse World Trade Organization Australia public health housing affordability bulk billing water health policy Governor-General US economy trade unions export liquefied natural gas foreign bribery question time speaker superannuation public housing expertise climate Intergovernmental Panel on Climate Change Department of Agriculture Fisheries and Forestry regulation Pacific Islands reserved seats new psychoactive substances synthetic drugs UNODC carbon markets animal health middle class welfare Indigenous constitutional recognition of local government referendum consumer laws PISA competition policy royal commission US politics language education baby bonus Leaders of the Opposition citizen engagement policymaking Australia Greens servitude Trafficking Protocol forced marriage rural and regional alcohol entitlements ministries Hung Parliament social citizenship maritime Iran ANZUS regional students school chaplains federal budget 2011-12 salary Medicare Locals primary care Building the Education Revolution China; Economic policy; Southeast Asia; Africa housing Speaker; House of Representatives; Parliament Defence High Court; Indigenous; Indigenous Australians; Native Title ACT Indigenous education Norfolk Island External Territories emissions reduction fund; climate change child care funding refugees immigration asylum procurement Indigenous health e-voting internet voting nsw state elections 44th Parliament 2015 ABS Age Pension Death penalty capital punishment execution Bali nine Bali bombings Trade EU China soft power education Fiji India Disability Support Pension Antarctica Diplomacy by-elections state and territories Bills anti-corruption fraud bribery corporate ownership whistleblower G20 economic reform innovation Members of Parliament Scottish referendum Middle East; national security; terrorism social services Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 online grooming sexual assault of minors ACT Assembly smoking plain packaging tobacco cigarettes Asia; Japan; international relations Work Health and Safety Migration; asylum seekers; regional processing China; United States; international relations fiscal policy Racial Discrimination Act; social policy; human rights; indigenous Australians Foreign policy Southeast Asia Israel Palestine asylum refugees immigration political finance donations foreign aid Economics efficiency human rights; Racial Discrimination Act employment law bullying Animal law; food copyright Australian Law Reform Commission industry peace keeping contracts workplace policies same-sex marriage disorderly conduct retirement Parliament House standing orders prime ministers sitting days First speech defence budget submarines workers Somalia GDP world heritage political engagement leave loading Trade; tariffs; safeguards; Anti-dumping public interest disclosure whistleblowing Productivity Commission limitation period universities Ireland cancer gene patents genetic testing suspension of standing and sessional orders live exports infant mortality honorary citizen railways disciplinary tribunals standard of proof World Health Organisation arts international students skilled graduate visas temporary employment visas apologies roads Italy national heritage NHMRC nutrition anti-dumping Rent Assistance obesity evidence law sacrament of confession US presidential election international days DFAT UN General Assembly deregulation Regulation Impact Statements administrative law small business Breaker Morant regional engagement social determinants of health abortion Members suspension workplace health and safety marine reserves hearing TAFE Victoria astronomy resources sector YMCA youth parliament Korea rebate Australian Greens presidential nomination Racial Discrimination Act political parties preselection solar hot water Financial Action Taskforce Horn of Africa peacekeeping piracy Great Barrier Reef Stronger futures political financing political education Social Inclusion Board early childhood National Quality Framework for Early Childhood Education and Care Murray-Darling Basin sanctions Norway hospitals republic President Barack Obama Presidential visits qantas counselling Korean peninsula Work Choices biosecurity hendra environmental law federalism federation preselection therapeutic goods Therapeutic Goods Administration plebiscites computer games pests suicide nuclear COAG Ministerial Councils floods ADHD stimulant medication advertising electricity extradition conscience votes poverty preventative health rural health coastal erosion Parliamentary Budget Office work-life balance

Show all
Show less
Back to top