Crimes Amendment Act 2005

6 New section 98AA inserted

The principal Act is amended by inserting, after section 98, the following section:

98AA Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour

(1)

Every one is liable to imprisonment for a term not exceeding 14 years who—

(a)

sells, buys, transfers, barters, rents, hires, or in any other way enters into a dealing involving a person under the age of 18 years for the purpose of—

(i)

the sexual exploitation of the person; or

(ii)

the removal of body parts from the person; or

(iii)

the engagement of the person in forced labour; or

(b)

engages a person under the age of 18 years in forced labour; or

(c)

permits a person under the age of 18 years to be engaged in forced labour; or

(d)

detains, confines, imprisons, or carries away a person under the age of 18 years for the purpose of—

(i)

the sexual exploitation of the person; or

(ii)

the removal of body parts from the person; or

(iii)

the engagement of the person in forced labour; or

(e)

removes, receives, transports, imports, or brings into any place a person under the age of 18 years for the purpose of—

(i)

the sexual exploitation of the person; or

(ii)

the removal of body parts from the person for a material benefit; or

(iii)

the engagement of the person in forced labour; or

(f)

induces a person under the age of 18 years to sell, rent, or give himself or herself for the purpose of—

(i)

the sexual exploitation of the person; or

(ii)

the removal of body parts from the person for a material benefit; or

(iii)

the engagement of the person in forced labour; or

(g)

induces a person to sell, rent, or give another person (being a person who is under the age of 18 years and who is dependent on him or her or in his or her charge) for the purpose of—

(i)

the sexual exploitation of the other person; or

(ii)

the removal of body parts from the other person; or

(iii)

the engagement of the other person in forced labour; or

(h)

builds, fits out, sells, buys, transfers, rents, hires, uses, provides with personnel, navigates, or serves on board a ship, aircraft, or other vehicle for the purpose of doing an act stated in any of paragraphs (a) to (g); or

(i)

agrees or offers to do an act stated in any of paragraphs (a) to (h).

(2)

It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years.

(3)

For the purposes of subsection (1), sexual exploitation, in relation to a person, includes the following acts:

(a)

the taking by any means, or transmission by any means, of still or moving images of the person engaged in explicit sexual activities (whether real or simulated):

(b)

the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person’s genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5)):

(c)

the person’s participation in a performance or display (not being an act described in subsection (4)) that—

(i)

is undertaken for a material benefit; and

(ii)

involves the exposure of the person’s genitalia, anus, or breasts:

(d)

the person’s undertaking of an activity (for example, employment in a restaurant) that—

(i)

is undertaken for a material benefit; and

(ii)

involves the exposure of the person’s genitalia, anus, or breasts.

(4)

For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploitation, in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers.

(5)

For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts for the purpose of depicting a medical condition, or a surgical or medical technique, for the instruction or information of health professionals.

(6)

For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts if the images are honestly intended—

(a)

to provide medical or health education; or

(b)

to provide information relating to medical or health matters; or

(c)

to advertise a product, instrument, or service intended to be used for medical or health purposes.

(7)

The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.

(8)

This section does not limit or affect the generality of section 98.