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Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012

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2010 - 2011 - 2012

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

CRIMES LEGISLATION AMENDMENT (SLAVERY, SLAVERY-LIKE CONDITIONS AND PEOPLE TRAFFICKING) BILL 2012

 

 

 

 

ADDENDUM TO THE

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

(Circulated by authority of the Attorney-General, 

the Hon Nicola Roxon MP)

 

 

 

 

 

THIS MEMORANDUM TAKES ACCOUNT OF RECOMMENDATIONS MADE BY THE SENATE LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE

REPORT TABLED ON 13 SEPTEMBER 2012



 

 

NOTES ON CLAUSES

 

Schedule 1 — Criminal Code Amendments

 

Item 12

 

Section 270.5 - Servitude offences

 

After “The new offences apply to all forms of servitude, regardless of whether the servitude is sexual in nature.” on page 16, insert, “ The new offences apply irrespective of whether the proscribed conduct occurs in the victim’s public or private life.  For example, provided the elements of the offence are established, it is immaterial whether the victim and the offender are married or in a de facto relationship.

 

Section 270.6A - Forced labour offences

 

After “Whether the offence applied in a particular circumstance would be determined by the nature of the relationship between the victim and their ‘employer’, and not by the type of activity performed, however hard or hazardous, or the legality or illegality of the work under Australian law.” on page 20, insert, “ The new offences apply irrespective of whether the proscribed conduct occurs in the victim’s public or private life.  For example, provided the elements of the offence are established, it is immaterial whether the victim and the offender are married or in a de facto relationship.

 

Section 270.7B - Forced marriage offences

 

After “Where a person has been transferred, sold or inherited into a marriage with no right to refuse, this may also amount to an offence of slavery.” on page 25, insert, “Where a person freely and fully consented to enter into a marriage, but was later coerced, threatened or deceived into remaining in the marriage, or the powers attaching to the right of ownership were exercised over the person, this may also amount to a servitude or slavery offence, or a domestic violence offence under State and Territory legislation.”