Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 245AK

             (1)  If, on a trial for an offence against section 245AB or 245AC, the prosecution intends to prove an aggravated offence, the charge must allege that the worker has been exploited.

             (2)  If, on a trial for an offence against section 245AD or 245AE, the prosecution intends to prove an aggravated offence, the charge must allege either that:

                     (a)  the prospective worker has been or will be exploited in doing the work in relation to which he or she was referred; or

                     (b)  the prospective worker has been or will be exploited in doing other work for the person to whom he or she was referred.

             (3)  If, on a trial for an aggravated offence against section 245AB, 245AC, 245AD or 245AE, the trier of fact is not satisfied that the defendant is guilty of an aggravated offence, but is otherwise satisfied that he or she is guilty of an offence against that section, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.