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MIGRATION ACT 1958 - SECT 245AN Charge and trial for an aggravated offence

MIGRATION ACT 1958 - SECT 245AN

Charge and trial for an aggravated offence

  (1)   If the prosecution intends to prove an offence against subsection   245AD(1) or (2), the charge must allege that the worker referred to in that subsection has been exploited.

  (2)   If the prosecution intends to prove an offence against subsection   245AEB(1) or (2), the charge must allege that the prospective worker referred to in that subsection has been or will be exploited:

  (a)   in doing the work in relation to which the prospective worker was referred; or

  (b)   in doing other work for the person to whom the prospective worker was referred.

  (3)   On a trial for an offence against section   245AD, the trier of fact may find the defendant not guilty of that offence but guilty of an offence against section   245AB or 245AC if:

  (a)   the trier of fact is not satisfied that the defendant is guilty of an offence against section   245AD; and

  (b)   the trier of fact is satisfied that the defendant is guilty of an offence against section   245AB or 245AC; and

  (c)   the defendant has been accorded procedural fairness in relation to that finding of guilt.

  (4)   On a trial for an offence against section   245AEB, the trier of fact may find the defendant not guilty of that offence but guilty of an offence against section   245AE or 245AEA if:

  (a)   the trier of fact is not satisfied that the defendant is guilty of an offence against section   245AEB; and

  (b)   the trier of fact is satisfied that the defendant is guilty of an offence against section   245AE or 245AEA; and

  (c)   the defendant has been accorded procedural fairness in relation to that finding of guilt.

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