ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007

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1 PART I PRELIMINARY-1. Short title and commencement.

2 PART I PRELIMINARY-2. Interpretation.

3 PART I PRELIMINARY-3. Scope of application.

4 PART I PRELIMINARY-4. Extension of Act to extra territorial offences.

5 PART I PRELIMINARY-5. Prevailing law.

5A PART IA HIGH LEVEL COMMITTEE-5A. High Level Committee.

5B PART IA HIGH LEVEL COMMITTEE-5B. Meetings of the Committee.

5C PART IA HIGH LEVEL COMMITTEE-5C. Function of the Committee.

6 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-6. Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants.

7 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-7. Functions and powers of the Council.

8 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-8. Power of Minister to issue directions.

9 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-9. Meetings of Council.

10 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-10. Establishment of committees.

11 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-11. Secretary of the Council and other officers.

12 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-12. Offence of trafficking in persons.

13 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-13. Aggravated offence of trafficking in persons.

14 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-14. Offence of trafficking in children or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition.

15 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-15. Offence of profiting from exploitation of a trafficked person.

15A PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-15A. Offence in relation to trafficked person in transit.

16 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-16. Consent of trafficked person irrelevant.

17 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-17. Past sexual behaviour irrelevant.

17A PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-17A. Movement or conveyance of trafficked person irrelevant.

18 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-18. Fraudulent travel or identity documents.

19 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-19. Recruiting persons.

20 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-20. Providing facilities in support of trafficking in persons.

21 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-21. Providing services for purposes of trafficking in persons.

22 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-22. Harbouring persons.

23 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-23. Obligation of owner, operator or master of conveyance.

24 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-24. Intentional omission to give information.

25 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-25. Immunity from criminal prosecution.

26 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-26. Protection of informers.

26A PART IIIA SMUGGLING OF MIGRANTS-26A. Offence of smuggling of migrants.

26B PART IIIA SMUGGLING OF MIGRANTS-26B. Aggravated offence of smuggling of migrants.

26C PART IIIA SMUGGLING OF MIGRANTS-26C. Offence in relation to smuggled migrant in transit.

26D PART IIIA SMUGGLING OF MIGRANTS-26D. Offence of profiting from the offence of smuggling of migrants.

26E PART IIIA SMUGGLING OF MIGRANTS-26E. Fraudulent travel or identity documents.

26F PART IIIA SMUGGLING OF MIGRANTS-26F. Providing facilities in support of smuggling of migrants.

26G PART IIIA SMUGGLING OF MIGRANTS-26G. Providing services for purposes of smuggling of migrants.

26H PART IIIA SMUGGLING OF MIGRANTS-26H. Concealing or harbouring smuggled migrants and migrant smugglers.

26I PART IIIA SMUGGLING OF MIGRANTS-26I. Supporting offence of smuggling of migrants.

26J PART IIIA SMUGGLING OF MIGRANTS-26J. Offence of conveyance of smuggled migrants.

26K PART IIIA SMUGGLING OF MIGRANTS-26K. Obligation of owner,etc,of conveyance.

27 PART IV ENFORCEMENT-27. Enforcement officers.

28 PART IV ENFORCEMENT-28. Power of investigation.

29 PART IV ENFORCEMENT-29. Power of arrest.

30 PART IV ENFORCEMENT-30. Search and seizure with warrant.

31 PART IV ENFORCEMENT-31. Search and seizure without warrant.

32 PART IV ENFORCEMENT-32. Access to computerized data.

33 PART IV ENFORCEMENT-33. List of things seized.

34 PART IV ENFORCEMENT-34. Power to examine persons.

35 PART IV ENFORCEMENT-35. Admissibility of statement.

36 PART IV ENFORCEMENT-36. Forfeiture of conveyance, moveable property,etc.

37 PART IV ENFORCEMENT-37. Cost of holding conveyance, moveable property,etc,seized.

38 PART IV ENFORCEMENT-38. No costs or damages arising from entry, search or seizure to be recoverable.

39 PART IV ENFORCEMENT-39. Obstruction.

40 PART IV ENFORCEMENT-40. Tipping-off.

41 PART IV ENFORCEMENT-41. Institution of prosecution.

41A PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-41A. Non-application.

42 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-42. Place of refuge.

43 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-43. Appointment of Protection Officers.

44 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-44. Taking a person into temporary custody.

45 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-45. Person in temporary custody in need of medical examination or treatment.

46 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-46. Medical examination and treatment.

47 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-47. Authorization for hospitalization.

48 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-48. Control over hospitalised person.

49 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-49. Steps to be taken after medical examination or treatment.

50 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-50. No liability incurred for giving authorization.

51 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-51. Investigation, enquiry and Protection Order.

51A PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-51A. Permission to move freely and to work.

52 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-52. Recording of evidence of trafficked person.

53 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-53. Application by parent, guardian or relative.

54 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-54. Release of trafficked person.

55 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-55. Trafficked person who escapes or is removed from place of refuge.

56 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-56. Offence of removing or helping a trafficked person to escap from place of refuge.

57 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-57. Power of Minister to remove trafficked person from one place of refuge to another.

58 PART VI MISCELLANEOUS-58. Restriction on media reporting and publication.

59 PART VI MISCELLANEOUS-59. Evidence of agent provocateur admissible.

60 PART VI MISCELLANEOUS-60. Admissibility of documentary evidence.

61 PART VI MISCELLANEOUS-61. Admissibility of translation of documents.

61A PART VI MISCELLANEOUS-61A. Admissibility of deposition of trafficked person or smuggled migrant who cannot be found.