13. Slavery, Trafficking, People Smuggling and Division 268 Core Offences (Cth)¶
Two sourcing zones. Groups A–B (Division 268) are drawn from the LIV 2026 study materials. Groups C–F are not in that source — they are extracted from the current Commonwealth statutes (Criminal Code Act 1995 (Cth) Divs 270/271/73; Migration Act 1958 (Cth)), checked 29 June 2026 against CDPP, the Attorney-General's Department, and the AustLII consolidated Criminal Code (compilation 14 March 2026, amendments to Act No. 7, 2026). These are Cth offences — no SORA (Vic) class / Sentencing Act (Vic) Category applies. † = Div 268 jurisdiction/consent regime; ‡ = penalty taken from the offence structure / 2013–15 reform scheme, confirm exact current figure against the AustLII consolidation before relying.
A. Genocide (Criminal Code Div 268, Subdiv B)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 268.3 | Genocide by killing | (1) perpetrator causes death of one or more persons (s 268.3(a)); (2) victim(s) belong to a particular national, ethnical, racial or religious group; (3) intent to destroy that group, in whole or part, as such. | Life imprisonment (Cth) † |
| s 268.4 | Genocide by causing serious bodily or mental harm | (1) perpetrator causes serious bodily or mental harm to one or more persons; (2) victim(s) belong to a national/ethnical/racial/religious group; (3) intent to destroy that group, in whole or part, as such. | Life imprisonment (Cth) † |
| s 268.5 | Genocide by deliberately inflicting destructive conditions of life | (1) perpetrator inflicts certain conditions of life on one or more persons (s 268.5(1)(a), (2)); (2) victim(s) belong to a group; (3) intent to destroy that group, in whole or part, as such; (4) conditions intended to bring about the group's physical destruction, in whole or part. | Life imprisonment (Cth) † |
| s 268.6 | Genocide by imposing measures to prevent births | (1) perpetrator imposes certain measures on one or more persons; (2) victim(s) belong to a group; (3) intent to destroy that group, in whole or part, as such; (4) measures intended to prevent births within the group. | Life imprisonment (Cth) † |
| s 268.7 | Genocide by forcibly transferring children | (1) perpetrator forcibly transfers one or more persons; (2) victim(s) belong to a group; (3) intent to destroy that group, in whole or part, as such; (4) transfer is from that group to another group; (5) victim(s) under 18; (6) perpetrator knows, or is reckless as to whether, victim(s) under 18. | Life imprisonment (Cth) † |
B. Crimes against humanity (Criminal Code Div 268, Subdiv C)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 268.8 | Crime against humanity — murder | (1) perpetrator causes death of one or more persons; (2) conduct committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population. | Life imprisonment (Cth) † |
| s 268.10 | Crime against humanity — enslavement | (1) perpetrator exercises any or all of the powers attaching to the right of ownership over one or more persons (incl. in the course of trafficking, esp. women and children) (s 268.10(1)); (2) conduct committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population. | 25 yrs imprisonment (Cth) † |
| s 268.13 | Crime against humanity — torture | (1) perpetrator inflicts severe physical or mental pain or suffering on person(s) in their custody or control; (2) pain/suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions; (3) conduct committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population. | 25 yrs imprisonment (Cth) † |
C. Slavery & slavery-like offences (Criminal Code Div 270) — statute-sourced [verify current figures]¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 270.3 | Slavery offences | (1) D, intentionally or recklessly, possesses/exercises ownership powers over a slave, engages in slave trading, or enters into / exercises control over a commercial transaction involving a slave (slavery = condition where ownership powers exercised, incl. from a debt/contract, s 270.1). Universal jurisdiction. | 25 yrs (Cth) |
| s 270.5 | Servitude offences | (1) D causes another to enter into or remain in servitude (s 270.4: provides labour/services under coercion/threat/deception + significantly deprived of personal freedom + not free to cease or leave); OR (2) D conducts a business involving the servitude of others. | 20 yrs aggravated / 15 yrs other ‡ |
| s 270.6A | Forced labour offences | (1) D causes another to enter into or remain in forced labour (s 270.6: provides labour/services under coercion/threat/deception + not free to cease or leave); OR (2) D conducts a business involving the forced labour of others. | 12 yrs aggravated / 9 yrs other |
| s 270.7 | Deceptive recruiting for labour or services | (1) D engages in conduct that induces another to enter an engagement to provide labour or services; (2) D deceives the person about a specified matter (incl. exploitation, restriction on freedom to leave, a debt, or the sexual nature of the services). | 9 yrs aggravated / 7 yrs other ‡ |
| s 270.7B | Forced marriage offences | (1) D causes another to enter a forced marriage; OR (2) D is a party to a forced marriage (not being a victim) (s 270.7A: a party who does not freely and fully consent because of coercion, threat or deception, or incapacity — incl. a person under 16). Aggravated where victim under 18 or other specified circumstances. | 9 yrs aggravated / 7 yrs other |
D. Trafficking in persons & debt bondage (Criminal Code Div 271) — statute-sourced [verify current figures]¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 271.2 | Trafficking in persons | (1) D organises or facilitates the entry/receipt into, or exit from, Australia of another person; (2) using coercion, threat or deception, OR reckless as to whether the person will be exploited. | 12 yrs (Cth) |
| s 271.3 | Trafficking in persons — aggravated | (1) D commits s 271.2; (2) with intent to exploit the victim, OR subjecting the victim to cruel/inhuman/degrading treatment, OR giving rise to a danger of death or serious harm. | 20 yrs (Cth) |
| s 271.4 | Trafficking in children | (1) D organises/facilitates entry, receipt, exit or proposed entry/receipt/exit of another; (2) victim under 18; (3) intent that, or recklessness as to whether, the child will be used to provide sexual services or be otherwise exploited. | 25 yrs (Cth) |
| s 271.5 | Domestic trafficking in persons | (1) D organises/facilitates the transportation of another from one place in Australia to another; (2) using coercion, threat or deception, OR reckless as to whether the person will be exploited. | 12 yrs (Cth) ‡ |
| s 271.6 | Domestic trafficking in persons — aggravated | (1) D commits s 271.5; (2) with intent to exploit, OR cruel/inhuman/degrading treatment, OR danger of death or serious harm. | 20 yrs (Cth) ‡ |
| s 271.7 | Domestic trafficking in children | (1) D organises/facilitates transportation within Australia of another; (2) victim under 18; (3) intent/recklessness as to provision of sexual services or other exploitation. | 25 yrs (Cth) ‡ |
| s 271.7B | Organ trafficking — entry into / exit from Australia | (1) D organises/facilitates entry, receipt or exit of another; (2) reckless as to whether an organ of the person will be removed contrary to this Subdivision (e.g. without consent / non-therapeutic). | 12 yrs (Cth) ‡ |
| s 271.7C | Organ trafficking — aggravated offence | (1) D commits s 271.7B; (2) victim under 18, OR cruel/inhuman/degrading treatment, OR danger of death or serious harm. | 20 yrs (Cth) ‡ |
| s 271.7D | Domestic organ trafficking | (1) D organises/facilitates transportation within Australia; (2) reckless as to whether an organ will be removed contrary to this Subdivision. | 12 yrs (Cth) ‡ |
| s 271.7E | Domestic organ trafficking — aggravated offence | (1) D commits s 271.7D; (2) aggravating circumstance (victim under 18 / cruel treatment / danger of death or serious harm). | 20 yrs (Cth) ‡ |
| s 271.7F | Harbouring a victim | (1) D harbours, receives or conceals another person; (2) that conduct assists a third person to commit, or furthers the commission by a third person of, an offence against Div 270 or Div 271. | 4 yrs (Cth) ‡ |
| s 271.7G | Harbouring a victim — aggravated offence | (1) D commits s 271.7F; (2) victim under 18. | 7 yrs (Cth) ‡ |
| s 271.8 | Debt bondage | (1) D engages in conduct that causes another to enter into debt bondage (pledge of personal services as security for a debt where the debt is manifestly excessive, the value of services is not applied to the debt, or the length/nature of services is not limited/defined); (2) intent to cause that result. | 4 yrs (Cth) |
| s 271.9 | Debt bondage — aggravated offence | (1) D commits s 271.8; (2) victim under 18. | 7 yrs (Cth) ‡ |
E. People smuggling — into a FOREIGN country (Criminal Code Div 73) — statute-sourced [verify current figures]¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 73.1 | People smuggling | (1) D organises or facilitates the entry of another person into a foreign country; (2) the person is not a citizen or permanent resident of, and has no lawful right to enter, that country; (3) D is reckless as to (2). | 10 yrs or 1,000 pu (Cth) ‡ |
| s 73.2 | Aggravated people smuggling — exploitation or danger of death/serious harm | (1) D commits s 73.1; (2) with intent that the person be exploited, OR the conduct gives rise to a danger of death or serious harm and D is reckless as to that danger. | 20 yrs or 2,000 pu (Cth) ‡ |
| s 73.3 | Aggravated people smuggling — at least 5 people | (1) D commits s 73.1 in respect of a group of at least 5 persons; (2) reckless as to the s 73.1(b) matters for each. | 20 yrs or 2,000 pu (Cth) ‡ |
| s 73.3A | Supporting the offence of people smuggling | (1) D provides material support or resources to another person/organisation; (2) reckless as to whether the support aids the commission of a people-smuggling offence (s 73.1/73.2/73.3). | 10 yrs or 1,000 pu (Cth) ‡ |
| s 73.8 | False travel/identity documents (people smuggling) | (1) D makes, provides or possesses a false travel or identity document; (2) intending it be used to facilitate the entry of another into a foreign country, reckless as to unlawful entry. (Subdiv B document offences.) | 10 yrs or 1,000 pu (Cth) ‡ |
| s 73.9 | Providing/possessing a document issued or altered dishonestly or by threats | (1) D provides or possesses a travel/identity document; (2) the document was issued or altered dishonestly or as a result of threats; (3) relevant fault as to that circumstance. | 10 yrs or 1,000 pu (Cth) ‡ |
| s 73.10 | Providing/possessing a document for use by a non-rightful user | (1) D provides or possesses a travel/identity document; (2) intending the document be used by a person who is not its rightful user to facilitate unlawful entry. | 10 yrs or 1,000 pu (Cth) ‡ |
| s 73.11 | Taking possession of or destroying another's travel/identity document | (1) D takes possession of, or destroys, another person's travel or identity document; (2) intending to conceal the person's identity or to facilitate unlawful entry/conduct. | 10 yrs or 1,000 pu (Cth) ‡ |
F. People smuggling — into AUSTRALIA (Migration Act 1958 (Cth)) — statute-sourced [the operative Australia-facing offences; verify current figures]¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 233A | People smuggling | (1) D organises or facilitates the bringing or coming to Australia, or the entry/proposed entry, of another person; (2) the person is a non-citizen with no lawful right to come to Australia; (3) D is reckless as to (2). | 10 yrs or 1,000 pu (Cth) |
| s 233B | Aggravated people smuggling — exploitation or danger of death/serious harm | (1) D commits s 233A; (2) intent that the person be exploited, OR conduct gives rise to a danger of death or serious harm + recklessness as to that danger. | 20 yrs or 2,000 pu — mand. min: 5 yrs (3 yr NPP); repeat 8 yrs (5 yr NPP), s 236B |
| s 233C | Aggravated people smuggling — at least 5 people | (1) D commits s 233A in respect of a group of at least 5 non-citizens; (2) reckless as to lawful-right element for each. | 20 yrs or 2,000 pu — mand. min: 5 yrs (3 yr NPP); repeat 8 yrs (5 yr NPP), s 236B |
| s 233D | Supporting the offence of people smuggling | (1) D provides material support or resources to another person/organisation; (2) reckless as to whether the support aids a people-smuggling offence (s 233A/233B/233C). | 10 yrs or 1,000 pu (Cth) ‡ |
| s 233E | Concealing / harbouring non-citizens | (1) D conceals a non-citizen, or harbours a non-citizen / person seeking to enter unlawfully; (2) relevant intent/recklessness as to unlawful status. | 10 yrs or 1,000 pu (Cth) ‡ |
| s 234 | False documents / statements relating to non-citizens | (1) D makes/provides a false or misleading statement or document to an officer; (2) in connection with a non-citizen's entry or status. | 10 yrs or 1,000 pu (Cth) ‡ |
| s 234A | Aggravated false documents / statements — at least 5 people | (1) D commits the s 234 conduct; (2) in respect of a group of at least 5 non-citizens. | 20 yrs or 2,000 pu (Cth) ‡ |
† Div 268 regime (Groups A–B only): extended geographical jurisdiction Category D (s 15.4) — absolute universal jurisdiction; proceedings must not be commenced without the Attorney-General's written consent (s 268.121(1)) and must be brought in the Attorney-General's name; a suspect may still be arrested, charged and remanded/bailed before consent. Jurisdiction is complementary to the ICC (double jeopardy bar where the ICC has already convicted/acquitted on substantially the same conduct). Liability is governed exclusively by Chapter 2 of the Code.
Confirmed current (CDPP / Attorney-General's Dept, checked 29 June 2026): slavery 25 yrs (s 270.3); forced labour 12 yrs aggravated / 9 yrs other (s 270.6A); forced marriage 9/7 yrs (s 270.7B); trafficking in persons 12 yrs (s 271.2), aggravated 20 yrs (s 271.3), children 25 yrs (s 271.4); debt bondage 4 yrs (s 271.8); Migration Act people smuggling 10 yrs (s 233A), aggravated 20 yrs (ss 233B, 233C) with s 236B mandatory minimums.
‡ Figure taken from the offence structure and the 2013–15 reform scheme but not directly confirmed against current text in this build. Confirm the exact current penalty (and aggravation thresholds) against the AustLII consolidated Criminal Code (compilation 14 March 2026, amendments to Act No. 7, 2026) or the Federal Register before relying. Older materials (e.g. the 2005 amending Act and the 2016 Compilation No. 106) show superseded figures — debt bondage in particular was 12 months / 2 yrs before the 2015 uplift to 4 / 7 yrs.
Jurisdiction & consent (Groups C–E): Div 270 slavery (s 270.3) has universal jurisdiction; the slavery-like offences (ss 270.5–270.7B) and trafficking offences (ss 271.2–271.7E) have extended geographical jurisdiction (Category B; domestic offences engage the s 271.11 federal-nexus requirement). Victim consent or acquiescence is NOT a defence (ss 270.11, 271.11B). Unlike Div 268, no Attorney-General's consent is required to prosecute Div 270/271/73 offences.
People smuggling — two regimes: Criminal Code Div 73 (Group E) concerns smuggling into a FOREIGN country; smuggling INTO Australia is prosecuted under the Migration Act 1958 (Cth) (Group F), which is the operative regime in practice. The s 236B mandatory minimums apply to ss 233B/233C, subject to the s 236A/236B carve-out where the offender is established on the balance of probabilities to have been under 18.
Scope: Groups A–B cover only eight Division 268 offences. The remaining Subdivision C crimes-against-humanity offences (extermination, deportation, imprisonment, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, sexual violence, persecution, enforced disappearance, apartheid, other inhumane act) and the Subdivision D–J war-crimes / ICC-administration offences are not included — they fall outside the slavery, trafficking and people-smuggling scope of this chapter.
Chargeable provisions: 8 Div 268 + 5 slavery and slavery-like (Div 270) + 14 trafficking and debt bondage (Div 271) + 8 people smuggling (Criminal Code Div 73) + 7 people smuggling (Migration Act 1958) = 42.