Human trafficking charges in Australia – what you need to know
Human trafficking is a serious Commonwealth offence prosecuted under Division 271 of the Criminal Code Act 1995 (Cth). It targets conduct involving the recruitment, transport, or receipt of people for the purpose of exploitation. These offences carry penalties of up to 25 years imprisonment for aggravated or child trafficking.
If you are under investigation by the Australian Federal Police (AFP) or charged by the Commonwealth Director of Public Prosecutions (CDPP), you must seek immediate legal advice before speaking to authorities. Early advice by a criminal defence lawyer Brisbane, experienced in Commonwealth crime is critical for the best possible outcome.
What is human trafficking?
Under section 271.2, a person commits the offence of trafficking in persons if they organise or facilitate the entry or receipt of another person into Australia, or their exit from Australia, and use coercion, threats, or deception to obtain that person’s compliance.
The same offence applies within Australia (known as domestic trafficking) under section 271.5.
The offence can also be made out if a person is reckless as to whether the victim will be exploited, or if they deceive the victim about the nature of work, sexual services, or the confiscation of travel documents.
Physical restraint is not required. What matters is the use of coercion, threats, deception, or recklessness regarding exploitation.
What is exploitation?
Section 271.1A defines exploitation as causing a person to enter into one of the following conditions: slavery or a condition similar to slavery, servitude, forced labour, forced marriage, or debt bondage.
These terms align with Division 270 of the Criminal Code Act 1995 (Cth), which separately criminalises slavery and slavery-like practices.
What is the penalty for human trafficking?
The law sets out several distinct human trafficking offences under Division 271.
Trafficking in persons (s 271.2): Involves organising or facilitating a person’s entry, exit, or receipt using coercion, threat, deception, or recklessness. The maximum penalty is 12 years imprisonment.
Aggravated trafficking (s 271.3): Applies where there is intent to exploit the victim, cruel or inhuman treatment, or danger of death or serious harm. The maximum penalty is 20 years imprisonment.
Trafficking in children (s 271.4): Involves victims under 18 years of age, with a maximum penalty of 25 years imprisonment.
Domestic trafficking in persons (s 271.5): Covers movement within Australia where coercion, threat, or deception is used. The maximum penalty is 12 years imprisonment.
Aggravated domestic trafficking (s 271.6): Where exploitation, cruel treatment, or serious harm occurs, carrying a 20-year maximum penalty.
Domestic trafficking in children (s 271.7): Involving victims under 18, punishable by up to 25 years imprisonment.
Organ trafficking (ss 271.7B–271.7E): Involves arranging or facilitating the removal or transport of a person for unlawful organ removal. The maximum penalty ranges from 12 years for standard offences to 25 years for aggravated offences involving minors or serious harm.
Aggravated offences generally involve victims under 18, exposure to serious harm, or treatment that is cruel or degrading.
How does the prosecutor prove human trafficking?
To convict a person of trafficking in persons under section 271.2, the prosecution must prove beyond reasonable doubt that:
The accused organised or facilitated another person’s entry, exit, or transport;
Coercion, threats, deception, or recklessness were involved; and
That conduct caused or was intended to cause the person’s compliance or exploitation.
For aggravated offences, the prosecution must also prove intent to exploit, reckless endangerment, or cruel treatment.
Consent is not a defence under section 271.11B, even if the alleged victim appeared to agree to the conduct.
What is domestic trafficking and organ trafficking?
Domestic trafficking applies when movement occurs between places within Australia and involves coercion, deception, or exploitation across State or Territory borders.
Division 271 also criminalises organ trafficking, where a person arranges or facilitates the transport of another person for the removal of an organ without lawful consent. These offences carry severe penalties, especially where the victim is a child or is subjected to cruel or life-threatening treatment.
Will I go to prison for human trafficking in Australia?
Human trafficking offences are prosecuted federally but heard in the District or Supreme Court of the relevant State or Territory. The Criminal Code provides extended geographical jurisdiction, meaning Australians can be prosecuted for trafficking conduct overseas.
Courts consider factors such as:
The level of coercion, deception, or threat used
The vulnerability of victims
Any organised or commercial element
Prior criminal history or cooperation with authorities
There is a high risk of actual imprisonment for this type of offence and so early advice from experienced criminal defense lawyers Brisbane is critical.
How to do defend human trafficking charges in Brisbane?
Possible defence strategies may include:
Denying any intent or recklessness regarding exploitation
Arguing there was no coercion, threat, or deception
Contesting evidence of facilitation or organisation
Challenging identification or witness reliability
Excluding unlawfully obtained or prejudicial evidence
Because these cases often involve extensive digital, financial, or travel records, it is crucial that a criminal defence lawyer strategically analyses the evidence and begins preparing the defence as soon as possible.
Why Commonwealth offences are different from Queensland offences?
Human trafficking is a Commonwealth offence, not a Queensland offence. Commonwealth matters follow different procedures, evidentiary rules, and sentencing principles.
They are investigated by the AFP and prosecuted by the CDPP, meaning defence lawyers must be familiar with federal prosecution policy, mutual assistance requests, and international cooperation procedures.
Our lawyers have extensive experience defending complex Commonwealth prosecutions involving trafficking, fraud, importation, and other federal offences. If you are facing Commonwealth charges, it is critical to speak to a Brisbane criminal lawyer urgently. Early advice will make a difference to the outcome.
What should I do if I have been charged with human trafficking?
If you have been contacted by the AFP or CDPP about a human trafficking allegation:
Do not speak to police or attend an interview without legal representation
Do not contact witnesses or complainants
Preserve all messages, documents, and travel or employment records
Obtain legal advice immediately
Frequently asked questions about human trafficking in Australia
Is human trafficking a Commonwealth or Queensland offence?
It is a Commonwealth offence under Division 271 of the Criminal Code Act 1995 (Cth), although cases are heard in Queensland courts.
What is the maximum penalty for trafficking in children?
The maximum penalty is 25 years imprisonment (aggravated) under section 271.4 (international) or section 271.7 (domestic).
Does the victim’s consent make it lawful?
No. Under section 271.11B, consent or acquiescence is not a defence.
Can human trafficking charges be reduced or withdrawn?
Maybe. Depending on the evidence, charges may be reduced to lesser offences such as deceptive recruiting or debt bondage may be available.
Choosing the best criminal defence lawyer Brisbane
Our criminal lawyers are available for a confidential discussion about your case. No booking required.
📞 Call (07) 3012 6531 now for a confidential discussion about your case. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information on our website is general in nature and does not constitute legal advice. Please contact our criminal law team for specific advice about your case.
Last updated October 2025