Commonwealth Consolidated Acts

CRIMES (TORTURE) ACT 1988 - SECT 3

             (1)  In this Act, unless the contrary intention appears:

"act of torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:

                     (a)  for such purposes as:

                              (i)  obtaining from the person or from a third person information or a confession;

                             (ii)  punishing the person for an act which that person or a third person has committed or is suspected of having committed; or

                            (iii)  intimidating or coercing the person or a third person; or

                     (b)  for any reason based on discrimination of any kind;

but does not include any such act arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights (being the Covenant a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986 ).

"Australia" includes the external Territories.

"Convention" means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984, a copy of the English text of which is set out in the Schedule.

             (2)  Except so far as the contrary intention appears, an expression that is used both in this Act and in the Convention (whether or not a particular meaning is given to it by the Convention) has, in this Act, the same meaning as it has in the Convention.