New South Wales Consolidated Acts

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MODERN SLAVERY ACT 2018 - SECT 29

Modern slavery risk order

29 Modern slavery risk order

(1) A court that convicts a person of an offence listed in Schedule 2 may (on the conviction or at any time afterwards) make an order prohibiting the person from engaging in conduct described in the order (a
"modern slavery risk order" ) if the court is satisfied:
(a) that, on the balance of probabilities, there is reasonable cause to believe, having regard to the nature and pattern of conduct of the person, that the person poses a risk of engaging in conduct constituting modern slavery, and
(b) the making of the order will reduce the risk, and
(c) the order is necessary for the purpose of protecting persons generally, or a particular person, from the physical or psychological harm that is likely to be caused if the convicted person engages in the conduct.
(2) Without limiting the orders that may be made under subsection (1), the court may prohibit the convicted person from contacting any victim of the modern slavery offence for which the person was convicted or a relative of the victim.
(3) In determining whether or not to make a modern slavery risk order against a person, the court is to consider the following:
(a) the seriousness of the offence for which the person was convicted,
(b) the seriousness of the person's total criminal record,
(c) the effect of the order on the person in comparison with the level of the risk that a further modern slavery offence may be committed by the person,
(d) any other matters it thinks relevant.
(4) A modern slavery risk order may be made by the court on its own initiative or on application by the Attorney General or the Director of Public Prosecutions.
(5) A modern slavery risk order has effect for such period after it is made (of at least 2 years) as is specified by the court.
(6) An application may be made to the Supreme Court by a person who is subject to a modern slavery risk order to vary or revoke the order.
(7) The Supreme Court may dispose of the application:
(a) by varying or revoking the order, or
(b) by dismissing the application.
(8) A person who is subject to a modern slavery risk order must not, without reasonable excuse, contravene the order.
Maximum penalty: 500 penalty units or imprisonment for 2 years, or both.
(9) The onus of proof of reasonable excuse in proceedings under subsection (8) lies on the person charged with the offence.
Note : A person who is convicted of a modern slavery offence may also be subject to orders under the Confiscation of Proceeds of Crime Act 1989 or the Criminal Assets Recovery Act 1990 . For example, if a person is convicted of a serious offence (such as an offence under section 91G or 93AB of the Crimes Act 1900 ) the Director of Public Prosecutions or another appropriate officer may seek the making of a pecuniary penalty order under the Confiscation of Proceeds of Crime Act 1989 against the person in respect of benefits derived by the person from the commission of the offence. Similarly, if a person engages in serious crime related activity such as any thing that is an offence under section 93AB (Slavery, servitude and child forced labour) of the Crimes Act 1900 an assets forfeiture order may be made against the person on application by the New South Wales Crime Commission under the Criminal Assets Recovery Act 1990 .



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