4. Australia
4.1. Human trafficking in Australia
Similarly to Ireland, there is varying data on the number of women that are being sex trafficked
into Australia annually. A parliamentary inquiry in 2004 found that 300 women are being trafficked into
Australia for the purpose of sexual exploitation. In 2007, Australia’s Attorney General’s Department
suggested that since 2004, only 100 victims of sex trafficking were found.
1
These numbers are in contrast with the data found by Project Respect, a non-profit
organization working to support victims of sex trafficking.2 In the same year that the parliamentary
inquiry found 300 women trafficked into Australia, Project Respect found that approximately 1000
women are trafficked for prostitution into Australia annually.3 Therefore the average number of women
trafficked to Australia in 2004 was 650. Both reports found that most of the victims came from South
East Asia and China.4
Project Respect estimates that the costs for the trafficker to traffic a woman into Australia are
“only a few thousand dollars”
a
, while the victim is forced to repay a debt of between A$30,000 ($31,780b) to A$50,000
($51,962c).5 In 2008, the Parliament published a research paper on people trafficking and found that it is
not unusual for women to owe a debt of over A$40,000 ($42,367d).6 The overall net profit that a
trafficker pockets from trafficking one person is approximately $39,715.
a
For calculation purposes, I assume a few thousand dollars would be between A$2000 and A$3000. Averaging it
out, A$2500 will be used to calculate profit.
b
XE.com 6/21/2011 1 AUD = 1.05934 USD
c
XE.com 6/21/2011 1 AUD = 1.05923 USD
d
XE.com 6/21/2011 1 AUD = 1.05918 USD
4.2. Drug trafficking in Australia
Since 1993, cocaine usage has increased in Australia. The percentage of persons over the age of
14 who have used cocaine the previous 12 months has increased by 1.1 percentage points, from 0.5% in
1993 to 1.6% in 2007. Additionally, the percentage of persons over 14 who have used or tried cocaine in
their lifetime increased from 2.5% in 1993 to 5.9% in 2007.7
According to the UNODC World Drug Reports and Global Illicit Drug Trends Reports, the retail
price per one gram of cocaine has decreased from $476 in 1998 to $193 in 2002 before increasing to
$297 in 2007, for an overall decrease of 60% between 1998 and 2007
e
. However, the wholesale price of one gram of cocaine increased in the same time period from
$95 in 1998 to a high of $184 in 2004 before coming back down to $153 in 2007.8 These fluctuations can
Price
be seen in figure 11.
500
450
400
350
300
250
200
150
100
50
0
Australia Retail Price Per Gram
Australia Retail Price Per Gram
Adjusted for 2008 Inflation
Australia Wholesale Price Per
Gram
Australia Wholesale Price Per
Gram Adjusted for 2008 Inflation
Year
Figure 11 - Price Per Gram of Cocaine in Australia in USD Source: UNODC World Drug Reports
Australian Crime Commission
the price of one gram of cocaine retail
e
Price in USD
has found that in the 2008-2009 year,
500
400
300
200
476
317
100
0
All dollar amounts are price adjusted for 2008 inflation.
South
Australia
317
185
Victoria
476
370
370317
2007-08
2008-09
Australian Tasmania
Capital
State
Territory
Figure 12 - Retail Price Per Gram in USD in Australian Territories Source: Australian
Crime Commission Illicit Drug Report. 1AUD = 1.05807 USD
has ranged from A$150 ($159f) to A$500 ($529g) country wide. Between 2007 and 2009, retail prices
increased in South Australia, but decreased in Victoria, Australian Capital Territory, and Tasmania.9
These changes can be seen in figure 12.
Between 1999 and 2009, the median purity levels of cocaine increased in all jurisdictions of
Australia except Queensland. During this time period, the median purity levels in New South Wales
increased from 35% to 42%, in Victoria the purity levels increased from 40% to 50%, in Western
Australia the purity levels increased from 30% to 52%, in Australian Capital Territory the purity levels
increased from 20% to 61%, and in Queensland the purity levels dropped from 39% to 28%. South
Australia also saw an increase in purity levels from 20% in 2002-to 52% in 2009.10 Figure 13 shows the
changes in the purity levels over the years in Australian jurisdictions.
Figure 13 - Annual Median Purity of Cocaine Samples 1999-2000 to 2008-09 in Australian Territories
Source: Australian Crime Commission Illicit Drug Report
f
g
XE.com 6/21/2011 1 AUD = 1.05803 USD
XE.com 6/21/2011 1 AUD = 1.05807 USD
Median purity levels fluctuated between the third quarter of 2008 and the second quarter of
2009. In New South Wales and Victoria, the median purity levels increased from 50% to 65%. South
Australia and Queensland saw a relative stability in the median purity levels with South Australia seeing
a slight dip in the purity levels from 60% to 58%, and Queensland seeing a dip from 37% to 32%. The
median purity levels dropped significantly in Australian Capital Territory from 78% to 46% between the
third and the fourth quarters of 2008. Finally, Western Australia saw an increase in the median purity
levels between first and second quarter of 2009, from 25% to 52%.11
4.3. Human trafficking laws in Australia
Chapter 8 of the Criminal Code Act of 1995 deals with offenses against humanity and related
offenses. These offenses include trafficking in persons. Additionally, prison sentences range depending
on whether the trafficking in persons was aggravated or not.12
Subsection 271.2 states that if a person organizes or facilitates entry into Australia and uses
threats to do so, or deceives the person about that fact that after entry, the trafficked person will be
required to provide sexual services or other forms of exploitation, the trafficker will receive a maximum
prison sentence of 12 years. Subsection 271.3 deals with aggravated trafficking, which state that if a
person trafficks the victim with the intent that the victim will be exploited, treats the victim cruelly or
inhumanely, or engages in conduct that puts the victim in danger, will be subject to a maximum prison
term of 20 years. Lastly, subsection 271.4 deals with the trafficking on minors. If a person trafficks a
child under the age of 18 into Australia and intends for the child to be exploited sexually, or otherwise,
the trafficker will receive a maximum prison term of 25 years. 13
4.4. Human trafficking sentencing in Australia
In 2007, a couple was accused of trafficking six women from Thailand to Australia. Once the
women were in Australia, their passports were taken away and they were forced to work 7 days a week
until they repaid a debt of approximately A$40,000. A year later the case went to trial and both parties
were found guilty with the male receiving 12 years in prison with a non-parole period of 7.5 years and
the female receiving 11 years in prison with a non-parole period of 7 years.14 In 2007, a woman was
convicted of purchasing 5 slaves under a debt bondage arrangement and was sentenced to 10 years in
prison.15
4.5. Drug trafficking laws in Australia
The Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act of 1990 deals with the
trafficking and sale of drugs. More specifically, section 6 of the act states that cultivation, separation of
drugs from the plant, manufacture, possession with intent to sell, selling or supplying, importing or
exporting, financing , or possessing equipment that would allow any of the first three to occur, of
narcotic drugs or psychotropic substances is in violation of the act.16 Cocaine is listed as a narcotic drug
under Schedule B of the Act, with a traffickable quantity of 2 grams and a commercial quantity of 2
kilograms.17 The prison sentences handed down depend on the amount of cocaine trafficked or the
amount of cocaine in possession for sale.
If a person sells or supplies narcotic drugs, or possesses narcotic drugs with the intent to sell or
supply, and the quantity in possession is of commercial quantity, the maximum prison term that can be
handed down is life in prison. If the quantity in possession is of traffickable quantity but less than
commercial quantity, then the maximum prison term is 25 years in prison. Lastly, if the quantity in
possession is less than the traffickable quantity, then the maximum prison sentence is 5 years.
Additionally, if a person imports narcotic drugs into Australia or exports narcotic drugs out of Australia
with the intention to sell or supply, then the person will be punished in the same way a person who
sells, supplies, or possesses with the intent to sell or supply narcotic drugs.18
4.6. Drug trafficking sentencing in Australia
In a 2010 article, The Telegraph found that the average non-parole prison term for a person who
is jailed for trafficking under 2 kilograms of cocaine was 2.5 years, while the prison term for those jailed
for trafficking over 2 kilograms of cocaine was 4.5 years. Out of 67 people who were convicted between
2004 and 2009 of trafficking more than 2 kilograms of cocaine, only three were sentenced to at least 10
years in prison.19 In 2011, a man pleaded guilty to drug trafficking charges and was sentenced to 4.75
years in prison for trafficking 563 grams of cocaine and 564 grams of methylamphetamine.20
1
The University of Queensland, Australia. "Statistics and other Data - TC Beirne School of Law - The University of
Queensland, Australia." The University of Queensland, Australia. The University of Queensland, Australia, 01 Jun
2011. Web. 8 Aug 2011. http://www.law.uq.edu.au/human-trafficking-statistics
2
Project Respect. "Project Respect." Project Respect. Project Respect, n.d. Web. 8 Aug 2011.
http://projectrespect.org.au/
3
ACSSA. "The Situation in Australia." Australian Institute of Family Studies - Australian Government. Australian
Centre for the Study of Sexual Assault, 01 Jun 2005. Web. 8 Aug 2011.
http://www.aifs.gov.au/acssa/pubs/briefing/b5pdf/acssa_brief5_australia.pdf
4
Phillips, Janet. "People trafficking: an update on Australia's response." Parliament of Australia: Home. Parliament
of Australia, 22 Aug 2008. Web. 8 Aug 2011. http://www.aph.gov.au/library/pubs/rp/2008-09/09rp05.pdf
5
ACSSA. "The Situation in Australia." Australian Institute of Family Studies - Australian Government. Australian
Centre for the Study of Sexual Assault, 01 Jun 2005. Web. 8 Aug 2011.
http://www.aifs.gov.au/acssa/pubs/briefing/b5pdf/acssa_brief5_australia.pdf
6
Phillips, Janet. "People trafficking: an update on Australia's response." Parliament of Australia: Home. Parliament
of Australia, 22 Aug 2008. Web. 8 Aug 2011. http://www.aph.gov.au/library/pubs/rp/2008-09/09rp05.pdf
7
AIHW. "Overview—the status of drug use in 2007." Australian Institute of Health and Welfare (AIHW). Australian
Institute of Health and Welfare, 27 Apr 2008. Web. 8 Aug 2011.
http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=6442459871
8
UNODC. "World Drug Report - archive." United Nations Office on Drugs and Crime. UNODC, 2011. Web. 8 Aug
2011. http://www.unodc.org/unodc/en/data-and-analysis/WDR.html?ref=menuside
9
Australian Crime Commission. "Cocaine." Welcome to the Australian Crime Commission. Australian Crime
Commission, 01 Jun 2010. Web. 8 Aug 2011.
http://www.crimecommission.gov.au/publications/iddr/_files/2008_09/05%20Cocaine%200809.pdf
10
Australian Crime Commission. "Cocaine." Welcome to the Australian Crime Commission. Australian Crime
Commission, 01 Jun 2010. Web. 8 Aug 2011.
http://www.crimecommission.gov.au/publications/iddr/_files/2008_09/05%20Cocaine%200809.pdf
11
Australian Crime Commission. "Cocaine." Welcome to the Australian Crime Commission. Australian Crime
Commission, 01 Jun 2010. Web. 8 Aug 2011.
http://www.crimecommission.gov.au/publications/iddr/_files/2008_09/05%20Cocaine%200809.pdfdf
12
Australian Government. "Criminal Code Act 1995." Comlaw Home. Australian Government, Jul 25 2011. Web. 17
Aug 2011. http://www.comlaw.gov.au/Details/C2011C00261/Html/Text
13
Australian Government. "Criminal Code Act 1995 Division 271." Comlaw Home. Australian Government, Jul 25
2011. Web. 17 Aug 2011. http://www.comlaw.gov.au/Details/C2011C00261/Html/Text#_Toc290295979
14
Schloenhardt, Andreas. "Trevor McIvor & Kanakporn Tanuchit." TC Beirne School of Law - The University of
Queensland, Australia. TC Beirne School of Law - The University of Queensland, Australia, 23 Dec 2010. Web. 8 Aug
2011. http://www.law.uq.edu.au/documents/humantraffic/case-reports/McIvor-Tanuchit.pdf
15
Schloenhardt, Andreas, Genevieve Beirne, and Toby Corsbie. "Human Trafficking and Sexual Servitude in
Australi." UNSW Law Journal. 32.1 (2009): 27-49. Print.
16
Australian Government. "Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990." Comlaw
Home. Australian Government, 19 Apr 2011. Web. 17 Aug 2011.
http://www.comlaw.gov.au/Details/C2011C00286/Html/Text#_Toc291147545
17
Australian Government, . "Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 Schedule 2."
Comlaw Home. Australian Government, 19 Apr 2011. Web. 17 Aug 2011.
http://www.comlaw.gov.au/Details/C2011C00286/Html/Text#_Toc291147572
18
Australian Government. "Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 Penalties for
Offenses Against Sections 10 to 13." Comlaw Home. Australian Government, 19 Apr 2011. Web. 17 Aug 2011.
http://www.comlaw.gov.au/Details/C2011C00286/Html/Text#_Toc291147559
19
Wilkinson, Geoff. "Quarter of criminals convicted of drug trafficking not sentenced to jail ." thetelegraph.com.au
| Breaking news, videos and pictures from Sydney, NSW, Australia and the world | Daily Telegraph. Daily
Telegraph, 07 Jul 2010. Web. 8 Aug 2011. http://www.dailytelegraph.com.au/news/national/quarter-of-criminalsconvicted-of-drug-trafficking-not-sentenced-to-jail/story-e6freuzr-1225888725026
20
Silverman, Hannah. "Adelaide drug trafficker jailed for at least 4 years and nine months." Adelaide Now | Latest
Adelaide & SA News | AdelaideNow. Adelaide Now, 19 Jan 2011. Web. 8 Aug 2011.
http://www.adelaidenow.com.au/news/south-australia/adelaide-drug-trafficker-jailed-for-at-least-4-years-andnine-months/story-e6frea83-1225991230046