The offence of trafficking in persons under s 271.2(1A) of the Criminal Code (Cth) does not require proof that the deception involved a risk of exploitation of the person deceived. The definition of 'deceive' in s 271.1 — misleading as to fact or law — applies without qualification. Where Parliament intended exploitation to be an element of a trafficking offence, it said so expressly in other subsections of s 271.2. The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons does not constrain the construction of s 271.2(1A) where the legislation was not dependent on the external affairs power for its constitutional validity.
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