Criminal Code Act 1995

For the purposes of this Division, a slavery‑like offence committed by a person (the offender) against another person (the victim) is an aggravated offence if any of the following applies:

the victim is under 18;

the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;

the offender, in committing the offence:

engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and

is reckless as to that danger.

In the case of a slavery‑like offence against section 270.7B involving a marriage that is a forced marriage because the victim was under 16 when the marriage was entered into (see paragraph 270.7A(1)(b)), the offence is also an aggravated offence because of paragraph (a) of this subsection.

If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.

If, on a trial for an aggravated offence, the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is otherwise satisfied that the defendant is guilty of the corresponding slavery‑like offence, it may find the defendant not guilty of the aggravated offence, but guilty of the corresponding slavery‑like offence.

Subsection (3) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the corresponding slavery‑like offence.