Commonwealth Consolidated Acts

CRIMES (TORTURE) ACT 1988 - SECT 11

                   It is not a defence in a proceeding for an offence against this Act that:

                     (a)  the act constituting the offence was done out of necessity arising from the existence of a state of war, a threat of war, internal political instability, a public emergency or any other exceptional circumstance; or

                     (b)  in doing the act constituting the offence the accused acted under orders of a superior officer or public authority;

but the circumstances referred to in paragraphs (a) and (b) may, if the accused is convicted of the offence, be taken into account in determining the proper sentence.