Section 2
Interpretation
of Anti-Trafficking in Persons Act
In this Act, unless the context otherwise requires -
"abduct" means in relation to an individual, to compel by force, or induce by any deceitful means, the individual to go from any place;
"abuse of a position of vulnerability" means taking advantage of the vulnerable position a person is placed in as a result of -
(a)
having entered the country illegally or without proper documentation;
(b)
pregnancy or any physical or mental disease or disability of the person, including addiction to the use of any substance;
(c)
reduced capacity to form judgments by virtue of illness, infirmity or a physical or mental disability;
"abuse of power" means any situation where a public officer uses his position or takes advantage of his position in order to commit an offence;
"coercion" means use of force or threat thereof, and some forms of non-violent or psychological use of force or threat thereof, including but not limited to -
B.L.R.O. 1,2021
8
Anti-Traficking in Persons
(a)
threats of harm or physical restraint of any person;
(b)
any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person;
(c)
abuse or any threat linked to the legal status of a person;
"conveyance" means any vehicle, vessel, ship, aircraft, or any other mode of transport whether by air, sea or land;
"debt bondage" means a status or condition arising from -
(a)
the pledging by a debtor of the personal services of the debtor or an individual under the debtor's control, as security for a debt; and
(b)
the reasonable value of such services not being applied towards the discharge of the debt, or the length or nature of such services not being limited or defined, respectively;
"deception" means any deception by words or by conduct as to -
(a)
the nature of work or services to be provided;
(b)
the conditions of work;
(c)
the extent to which the person will be free to leave his place of residence;
"exploitation" includes all forms of sexual exploitation (including sexual servitude and exploitation of another person's prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
"forced labour or services" means all work or service that is extracted from any person under the threat of any penalty and for which the person concerned has not offered himself voluntarily;
"forged travel or identity document" means a travel or identity document that -
(a)
has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country;
(b)
has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or
Anti-Traficking in Persons
(c)
is being improperly used by a person other than the rightful holder;
"Fund" means the Anti-Trafficking in Persons Fund established by section 44(1);
"harbour" includes giving a person shelter, food, drink, money or clothes or means or the act of supplying conveyance. or assisting a person in any way to evade apprehension;
"master" includes any person in command or having charge of any means of transport;
"Minister" means the Minister at the Prime Minister's Office;
"organised criminal group" means a structured group of 3 or more persons existing for a period of time and acting in concert with the aim of committing one or more serious offence or offences established in accordance with this Act in order to obtain, directly or indirectly. a financial or other material benefit;
"owner" includes any part-owner, charterer or consignee in possession thereof or any duly authorised agent of any such person;
"people trafficking" means the recruitment, transportation.
transfer, harbouring or receipt of a person for the purposes of exploitation as set out in section 5;
"premises" includes -
(a)
a vehicle, ship, aircraft or hovercraft;
(b)
an installation which is maintained, or is intended to be established for underwater exploitation or exploration;
(c)
tent or other movable structure;
"public servant" shall have the same meaning as a public servant under the Penal Code (Chapter 22);
"receiving country" means any country or territory into which a trafficked person is brought or is arranged to be brought as part of an act of people trafficking:
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"serious offence" means an offence under any other written law in
Brunei Darussalam for which the maximum penalty is death,
10 CAP. 230
Anti-Traff cking in Persons imprisonment for a term of not less than 6 months, fine of not less than $1,000 or more;
"servitude", in relation to an individual, means any condition or obligation. not authorised by any written law, to work or to render services from which the individual cannot escape or which the individual is not free to change;
"sexual exploitation" means involving the individual in prostitution, sexual servitude or the provision of any other form of sexual service, including the commission of any obscene or indecent act by the individual or the use of the individual in any audio or visual recording or representation of such act;
"shelter" means any shelter declared as such under section 41 ;
"slavery" means the status or condition of a person over whom control is exercised to the extent that the person is treated like property;
"trafficked person" means any person who is the victim or object of an offence of people trafficking regardless of whether that person consented or not;
"transits" means arriving and passing through Brunei Darussalam by any means of transport for the purpose of continuing journey by any means of transport to a place outside Brunei Darussalam;
"travel document" includes an internationally recognised passport, a certificate of identity and any similar document, issued by an authority recognised by the receiving country.