Commonwealth anti-trafficking legislation
Australia's anti-trafficking laws are comprehensive and attract severe penalties.
In 1999, before the development of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (pdf), the Australian Government introduced strong legislation to criminalise slavery, sexual servitude, and deceptive recruiting for sexual services. Under this legislation, slavery carries a maximum penalty of 25 years imprisonment, sexual servitude attracts a maximum penalty of 19 years imprisonment, and deceptive recruiting for sexual services carries a maximum penalty of nine years imprisonment.
In 2002 the Government introduced a further offence that criminalises facilitating the illegal entry of a person into a foreign country for the purposes of exploitation. This offence carries a maximum penalty of 20 years imprisonment.
In 2005 the Criminal Code Amendment (Trafficking in Persons Offences) Bill was passed by the Australian Parliament and became law on 3 August 2005. Offences under this new legislation include a general trafficking offence that criminalises bringing a person to Australia by means of threats, force or deception. This offence is punishable by up to 12 years imprisonment, or 20 years if the offender intends that the victim will be exploited, or the victim is subjected to cruel, inhuman or degrading treatment. The legislation also includes the specific offence of trafficking in children, with penalties of up to 20 years. Consistent with the Protocol, it is not necessary to prove the offender used force or threats, and the consent of the child is not be relevant.
Additionally the Criminal Code Amendment (Trafficking in Persons Offences) Bill has a broader deceptive recruiting for sexual services offence that covers the situation where trafficked persons are aware that they are coming to Australia to work in the sex industry but are not aware that their employment in that industry will involve exploitation. The amended offence significantly extends the scope of the offence, by including deception about the conditions under which sexual services are to be provided. This offence is punishable by up to 7 years imprisonment, or 9 years imprisonment if the victim is a child. The 2005 legislation also includes a debt bondage offence that criminalises the use of exploitative debt contracts or arrangements that force a person into providing sexual services or other labour to pay off large 'debts' supposedly incurred by the victim.