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CRIMINAL CODE AMENDMENT (SLAVERY AND SEXUAL SERVITUDE) BILL 1998

1996-97-98

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Criminal Code Amendment (Slavery and Sexual Servitude) Bill 1998

No. , 1998

(Justice)



A Bill for an Act to amend the Criminal Code Act 1995, and for other purposes

Contents

A Bill for an Act to amend the Criminal Code Act 1995, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1998.

2 Commencement

This Act commences 28 days after the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Criminal Code Act 1995

1 Before the Dictionary in the Criminal Code

Insert:

Chapter 9—Offences against humanity

Division 30—Slavery and sexual servitude

30.1 Definition of slavery

For the purposes of this Division, slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership of a chattel are exercised, including where any such powers arise from debt or contract.

30.2 Offences relating to slavery

(1) A person who:

(a) possesses a slave; or

(b) trades in slaves;

whether within or outside Australia, is guilty of an offence.

Penalty: Imprisonment for 20 years.

(2) In this section:

trading in slaves includes:

(a) the capture, acquisition or disposal of a person with the intention of reducing the person to slavery; or

(b) the acquisition of a slave with a view to the sale or exchange of the slave; or

(c) the disposal of a slave by sale or exchange; or

(d) any other act of trade or transport in slaves;

or exercising control or direction over, or providing finance for, any such act.

30.3 Definition of sexual servitude

(1) For the purposes of this Division, sexual servitude is the condition of a person who provides sexual services and who, because of the use of force or threats:

(a) is not free to cease providing sexual services within a reasonable time or on reasonable terms; or

(b) is not free to decline to provide sexual services to a particular person or persons; or

(c) is not free to leave the place or area where the person provides sexual services.

(2) In this section:

sexual service means the commercial use or display of the body of the person providing the service for the sexual gratification of others.

threat includes a threat of force, a threat to cause a person to be deported or a threat of other legal process.

30.4 Offences relating to sexual servitude

(1) A person commits an offence against this section only if:

(a) the conduct constituting the alleged offence is to any extent engaged in outside Australia; and

(b) the sexual services to which the alleged offence relate are to any extent provided, or to be provided, within Australia.

(2) A person who causes another person to enter into or remain in sexual servitude is guilty of an offence.

Penalty: Imprisonment for 7 years.

(3) A person who:

(a) procures another person to enter into an engagement that constitutes sexual servitude by deceiving the person about the nature or other aspect of the engagement; or

(b) engages in any trade in other persons for sexual servitude; or

(c) exercises control or direction over, or provides finance for, conduct covered by paragraph (a) or (b);

is guilty of an offence.

Penalty: Imprisonment for 7 years.

(4) In subsection (3):

engaging in trade in persons for sexual servitude includes engaging in their acquisition, sale, exchange or transport for sexual servitude.

30.5 No nationality requirement

In determining whether a person has committed an offence against this Division, it does not matter whether the person is or is not an Australian citizen or a resident of Australia.

30.6 Attorney-General’s consent required

(1) Proceedings for an offence against this Division must not be commenced without the Attorney-General’s written consent if:

(a) the conduct constituting the alleged offence is to any extent engaged in outside Australia; and

(b) the person alleged to have committed the offence is not:

(i) an Australian citizen; or

(ii) a resident of Australia; or

(iii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

(2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence against this Division before the necessary consent has been given.

30.7 Other laws not excluded

This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

30.8 Double jeopardy

If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.

30.9 External Territories

In this Division:

Australia, when used in a geographical sense, includes the external Territories.

2 The Dictionary in the Criminal Code

Insert:

sexual servitude has the meaning given by section 30.3.

3 The Dictionary in the Criminal Code

Insert:

slavery has the meaning given by section 30.1.

Schedule 2—Repeal of Imperial Acts

1 Repeal of certain Imperial Acts relating to slavery

The Imperial Acts specified in the following table are repealed to the extent set out in the table, so far as they are part of the law of Australia or of an external Territory.