divided into those that concern international trafficking and those that concern domestic
trafficking.24 The international offences are further divided into two groups; those that concern
trafficking into Australia and those that concern trafficking out of Australia. The same structure
is adopted in relation to the trafficking in children offences.25 As such there are twelve possible
offences of human trafficking in Australia. The structure is thus quite complicated. However, the
structure of the 2011, Act is remarkable as trafficking in children and persons internationally and
domestically, are broken down into simply two sections whereby one section deals with
trafficking in persons26 and the other, trafficking in children.27 Also, there are sub-sections under
each section that is broken down illustrating who can be prosecuted for engaging in human
trafficking. Additionally, unde r the Act, there are no separate sections dealing with international
and domestic offences, like that of Divisions 271 as these are simply merged together so it is
easy to understand. Also, the 2011, Act includes side notes, which makes easy reference to
specific offences such as “Trafficking in persons,” which additionally makes the structure
effective unlike that of Division 271. As a result, the structure does in fact reflect the Act’s
effectiveness, as its structure is not complicated or confusing and thus making the Act adequate.
Furthermore, a comparison between the Trafficking in Persons Act and other legislations in
Trinidad and Tobago targeting elements of human trafficking was made to show how the 2011,
Act would be more efficient if it were to be implemented. Human traffickers sexually exploit
children whereby exploitation includes child pornography and aiding in prostitution, according to
section 3, of the Trafficking of Persons Act. Side notes, an intrinsic aid was employed in order to
easily find the definition and the penalty of trafficking children under the 2011 Act. The side
note entitled, “Trafficking in Children,” found in section 18, defined trafficking children as
persons who, “recruits, transports, transfers or receives a child, into or within Trinidad and
Tobago or from Trinidad and Tobago to another jurisdiction, and harbours a child in Trinidad
and Tobago for the purpose of exploitation.” Persons found committing such offence would be
fined one million dollars and be sentenced to twenty years imprisonment. However, since the Act
has yet to be implemented, the Children’s Act, Chapter 46: 01 was examined in order to analyse
whether the prostitution of children and exposing them to children pornography, in particular,
24
Australia
Criminal Code 1995, s 271(2)
Jarrod Jolly, ‘Trafficking in Persons’ [2010] Sydney Law Review, 28
26
Trafficking in Persons Act 2011, s 16
27
Trafficking in Persons Act 2011, s 18
25
20