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This report is funded by Victim Support ACT and ACT Policing. Since the completion of the report in 2009, Victim Support ACT and ACT Policing have used it to facilitate better access to support services for people affected by crime.

Confiscating the assets of criminals is one of the legal responses included in the Financial Action Task Force's (FATF-GAFI) recommendations to the international community for combating money laundering and financing of terrorism.

People smuggling and trafficking in persons have had a considerable public profile in the past decade. Both involve the movement of people and the difference between them is not always well understood by the general public. This brief examines the difference between people smuggling and trafficking in persons by looking at the variations in principle and practice.

At the international level, there is no single, clear definition of 'labour trafficking'. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person's labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.

Australian legislation

In Australia, three defendants in two cases have been charged and prosecuted for 'slavery' or 'trafficking in persons' under the Criminal Code (Cth), in circumstances where the crimes have allegedly occurred in contexts other than the sex industry. These cases tend to be described as instances of 'labour trafficking', even though the parameters of this phrase are far from settled (see further AIC 2009). This brief describes the progression of these two cases through the Australian court system, with varying outcomes.

The events of 11 September 2001 have heightened interest in ensuring that all sectors of the financial system are not misused either by criminal or terrorist groups. In addition to conventional banks, money and value can be transferred by alternative remittance providers who have, until recently, not been closely regulated. Regulators are concerned that the informal nature of these businesses may lead to their use by terrorist groups and other criminals.