New South Wales Consolidated Acts
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CRIMES ACT 1900 - SECT 93AB
Slavery, servitude and child forced labour
(1) A person is guilty of an offence if, in New South Wales--
(a) the person
holds another person in slavery or servitude and the circumstances are such
that the person knows or ought to know that the person is held in slavery or
(b) the person requires a child to perform
forced or compulsory labour and the circumstances are such that the person
knows or ought to know that the child is being required to perform
forced or compulsory labour.
: Maximum penalty--imprisonment for 25 years.
(2) For the purposes of subsection (1) (b),
"forced or compulsory labour" does not include--
(a) work or service normally
required of a child who is under detention because of a court order or who,
under a court order of this or another jurisdiction, has been conditionally
released from detention or ordered to perform work in the community, or
work or service required because of an emergency threatening the New South
Wales community or a part of the New South Wales community, or
(c) work or
service that forms part of normal civil obligations.
(3) In determining
whether a person is being held in slavery or servitude or a child is required
to perform forced or compulsory labour, regard may be had to all the
(4) For example, regard may be had to the following--
any of the person's personal circumstances (such as the person being a child,
the person's family relationships, and any mental or physical illness) which
may make the person more vulnerable than other persons,
(b) to any work or
services provided by the person, including work or services provided in
circumstances which constitute exploitation,
(c) the coercion, threat or
(d) without limiting paragraph (c), whether the person
has been coerced, threatened or deceived into doing anything which involves
the supply or sale of the person's tissue (within the meaning of the
Human Tissue Act 1983 ).
(5) The consent of a person (whether an adult or a
child) to any of the acts alleged to constitute holding the person in slavery
or servitude, or requiring the child to perform forced or compulsory labour,
does not preclude a determination that the person is being held in slavery or
servitude, or the child is required to perform forced or compulsory labour.
(6) In this section--
"servitude" has the meaning it has in section 270.4 of the Commonwealth
Criminal Code .
"slavery" has the meaning it has in section 270.1 of the Commonwealth Criminal
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