# Charge and trial for an aggravated offence

> act-s245AN — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AN Charge and trial for an aggravated offence
          (1) If the prosecution intends to prove an offence against
              subsection 245AD(1) or (2), the charge must allege that the worker
              referred to in that subsection has been exploited.
          (2) If the prosecution intends to prove an offence against
              subsection 245AEB(1) or (2), the charge must allege that the
              prospective worker referred to in that subsection has been or will
              be exploited:
                (a) in doing the work in relation to which the prospective worker
                     was referred; or
                (b) in doing other work for the person to whom the prospective
                     worker was referred.
          (3) On a trial for an offence against section 245AD, the trier of fact
              may find the defendant not guilty of that offence but guilty of an
              offence against section 245AB or 245AC if:
                (a) the trier of fact is not satisfied that the defendant is guilty of
                    an offence against section 245AD; and
               (b) the trier of fact is satisfied that the defendant is guilty of an
                    offence against section 245AB or 245AC; and
                (c) the defendant has been accorded procedural fairness in
                    relation to that finding of guilt.
          (4) On a trial for an offence against section 245AEB, the trier of fact
              may find the defendant not guilty of that offence but guilty of an
              offence against section 245AE or 245AEA if:
                (a) the trier of fact is not satisfied that the defendant is guilty of
                    an offence against section 245AEB; and
               (b) the trier of fact is satisfied that the defendant is guilty of an
                    offence against section 245AE or 245AEA; and
                (c) the defendant has been accorded procedural fairness in
                    relation to that finding of guilt.