Trafficking and Smuggling of Persons Order, 2004 · s 2

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2. In this Order, unless the context otherwise requires -
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"child" means a person who is under 18;
"commercial carrier" includes any person or the owner, operator, master of any means of transport who engages in the transportation of goods or people for commercial gain;
"exploitation" includes all forms a 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;
"financial or other material benefit" includes any type of financial or non·
financial inducement, gratification, payment, bribe, reward, advantage or service;
"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; or
(b) has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

{c)
is being improperly used by a person other than the rightful holder;
"harbour" includes the giving of food or shelter and the act of assisting a person in any way to evade apprehension;
"Immigration Officer" has the same meaning as in section 2 of the
Immigration Act (Chapter 17);
"master" includes any person in command or having charge of any means of transport;
"Minister" means the Minister of Home Affairs;
"officer of customs" has the same meaning as in subsection Ill of section 2 of the Customs Act \Chapter 36);
"owner" includes any part-owner, charterer or consignee in possession thereof or any duly authorised agent of any such person;
"people smuggling" means arranging or assisting a person's unlawful entry into any receiving country including Brunei Darussalam, of which the person is not a citizen or permanent resident of the receiving country, knowing or having reason to suspect that the person's entry is unlawful, in order to obtain a financial or other material benefit;
"people trafficking" means the recruitment, transportation, transfer, harbouring or receipt of a person for the purposes of exploitation, as set out in section 4 or 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 movab.Je structure;
"receiving country" means any country or territory into which a trafficked person or a smuggled person is brought or is arranged to be brought as part of an act of people trafficking or people smuggling;
"smuggled person" means any person who is a victim or object of an act of people smuggling, regardless of whether that person participated in people smuggling;
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"trafficked person" means any person who is the victim or object of an act of people trafficking regardless of whether that person consented or not;
"transits 11 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 of 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;
"unlawful entry" means crossing borders without complying with the necessary requirements for lawful entry into the receiving country.
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s 2In this Order, unless the context otherwise requires -

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"child" means a person who is under 18;

"commercial carrier" includes any person or the owner, operator, master of any means of transport who engages in the transportation of goods or people for commercial gain;

"exploitation" includes all forms a 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;

"financial or other material benefit" includes any type of financial or non·

financial inducement, gratification, payment, bribe, reward, advantage or service;

"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; or

(b)

has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

{c)

is being improperly used by a person other than the rightful holder;

"harbour" includes the giving of food or shelter and the act of assisting a person in any way to evade apprehension;

"Immigration Officer" has the same meaning as in section 2 of the

Immigration Act (Chapter 17);

"master" includes any person in command or having charge of any means of transport;

"Minister" means the Minister of Home Affairs;

"officer of customs" has the same meaning as in subsection Ill of section 2 of the Customs Act \Chapter 36);

"owner" includes any part-owner, charterer or consignee in possession thereof or any duly authorised agent of any such person;

"people smuggling" means arranging or assisting a person's unlawful entry into any receiving country including Brunei Darussalam, of which the person is not a citizen or permanent resident of the receiving country, knowing or having reason to suspect that the person's entry is unlawful, in order to obtain a financial or other material benefit;

"people trafficking" means the recruitment, transportation, transfer, harbouring or receipt of a person for the purposes of exploitation, as set out in section 4 or 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 movab.Je structure;

"receiving country" means any country or territory into which a trafficked person or a smuggled person is brought or is arranged to be brought as part of an act of people trafficking or people smuggling;

"smuggled person" means any person who is a victim or object of an act of people smuggling, regardless of whether that person participated in people smuggling;

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"trafficked person" means any person who is the victim or object of an act of people trafficking regardless of whether that person consented or not;

"transits 11 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 of 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;

"unlawful entry" means crossing borders without complying with the necessary requirements for lawful entry into the receiving country.

Application.

.•