The 'reasonable person in the position of the victim' test in s 270.6(1) of the Criminal Code (Cth) requires the reasonable person to be attributed with the victim's situational and personal vulnerabilities, including unlawful immigration status, financial dependence, and fear of authorities. Confiscation of a passport under s 271.1 can be established where the victim is led to believe the passport is in the possession of a third party, even if it physically remains in the offender's household. Forced labour prior to the commencement of s 270.6A(1) on 8 March 2013 may properly be treated as an aggravating feature of a harbouring offence under the Migration Act.
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