We live in a global community and Australia’s fluid border control policy has made it a target for the illegal transfer of people.

Human Trafficking is the physical transfer of a person within or across national borders, using coercion, threat or deception, to exploit that person when they reach their destination.

Australia’s laws criminalising human trafficking and slavery are contained within Divisions 270 and 271 of the Commonwealth Criminal Code Act 1995 (Criminal Code).

Division 270 of the Criminal Code criminalises slavery, the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. The slavery offences have universal jurisdiction, which means that they apply whether or not the conduct occurred in Australia, and whether or not the victim or the offender are Australian citizens or residents.

Forced marriage is also considered a slavery-like practice under Division 270. A forced marriage is where one or both parties to the marriage do not fully and freely consent because of coercion, threat or deception, or because they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity.

To establish Human Trafficking , the prosecution must prove each of the following matters beyond reasonable doubt;

(1) A person who, whether within or outside Australia, intentionally:

(a) reduces a person to slavery; or

(a) possesses a slave or exercises over a slave any of the other powers attaching to the right of ownership; or

(b) engages in slave trading; or

(c) enters into any commercial transaction involving a slave; or

(d) exercises control or direction over, or provides finance for:

(i) any act of slave trading; or
(ii) any commercial transaction involving a slave.

(2) A person who:

(a) whether within or outside Australia:

(i) enters into any commercial transaction involving a slave; or
(ii) exercises control or direction over, or provides finance for, any commercial transaction involving a slave. or
(iii) exercises control or direction over, or provides finance for, any act of slave trading; and

(b) is reckless as to whether the transaction or act involves a slave, slavery, slave trading or the reduction of a person to slavery.

• Where you were suffering from a mental illness at the time of the offence (mental illness)
• Where your conduct was necessary to prevent serious injury or danger (necessity)
• Where someone threatened or coerced you into committing fraud (duress)

Full time imprisonment is an option open to the Courts, so the charge of Human Trafficking is a serious one. Nott and Co Lawyers will defend your rights if charged. Our experts can negotiate with police, seek to have facts amended, run a dispute facts hearing if required and provide you with a robust defence if you wish to plea not guilty.

If you are in trouble with the law, you need to get legal advice as soon as possible. The most important thing for Nott and Co Lawyers is to get back to you quickly.

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