Commonwealth of Australia Explanatory Memoranda

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

                           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."