Criminal Code Act 1995

For the purposes of proceedings for an offence against this Division, the trier of fact may have regard to any of the matters covered by subsection (2) in determining whether, in relation to a person (the alleged victim) against whom the offence is alleged to have been committed:

in the case of an offence against Subdivision B—the alleged victim has been coerced, threatened or deceived; or

in the case of an offence against Subdivision BA—the alleged victim, or the alleged victim’s guardian, has consented to the removal of an organ of the alleged victim.

The following matters are covered by this subsection:

the economic relationship between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;

the terms of any written or oral contract or agreement between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;

the personal circumstances of the alleged victim, including but not limited to:

whether he or she is entitled to be in Australia under the Migration Act 1958; and

his or her ability to speak, write and understand English or another language; and

the extent of his or her social and physical dependence on the alleged offender or any other person.

If subsection (1) applies in relation to the consent of an alleged victim’s guardian to the removal of an organ of the alleged victim, a reference in subsection (2) to the alleged victim is taken to include a reference to the alleged victim’s guardian.

Subsection (1) does not:

prevent the leading of any other evidence in the relevant proceedings; or

limit the manner in which evidence may be given or the admissibility of evidence.

In this section:

the person’s spouse or de facto partner; or

a parent, step‑parent or grandparent of the person; or

a child, step‑child or grandchild of the person; or

a brother, sister, step‑brother or step‑sister of the person; or

a guardian or carer of the person.

For the purposes of this section, the family members of a person are taken to include the following (without limitation):

a de facto partner of the person;

someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;

anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.