Criminal Code Act 1995

A person (the first person) commits an aggravated offence of trafficking in persons if the first person commits the offence of trafficking in persons in relation to another person (the victim) and any of the following applies:

the first person commits the offence intending that the victim will be exploited, either by the first person or another:

if the offence of trafficking in persons is an offence against subsection 271.2(1), (1B), (2) or (2B)—after entry into Australia; or

if the offence of trafficking in persons is an offence against subsection 271.2(1A), (1C), (2A) or (2C)—after exit from Australia;

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

the first person, 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.

If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.2, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.

Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.2.

Section 271.2 provides for offences of trafficking in persons.