Commonwealth Consolidated Acts

CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - SECT 8

(1)

A person who murders or kidnaps an internationally protected person is guilty of an offence against this Act and is punishable on conviction by imprisonment for life.

(2)

A person who commits any other attack upon the person or liberty of an internationally protected person is guilty of an offence against this Act and is punishable on conviction:

(a)

where the attack causes death—by imprisonment for life;

(b)

where the attack causes grievous bodily harm—by imprisonment for a period not exceeding 20 years; or

(c)

in any other case—by imprisonment for a period not exceeding 10 years.

(3)

A person who intentionally destroys or damages (otherwise than by means of fire or explosive):

(a)

any official premises, private accommodation or means of transport, of an internationally protected person; or

(b)

any other premises or property in or upon which an internationally protected person is present, or is likely to be present;

is guilty of an offence against this Act and is punishable upon conviction by imprisonment for a period not exceeding 10 years.

(3A)

A person who intentionally destroys or damages (otherwise than by means of fire or explosive):

(a)

any official premises, private accommodation or means of transport, of an internationally protected person; or

(b)

any other premises or property in or upon which an internationally protected person is present, or is likely to be present;

with intent to endanger the life of that internationally protected person by that destruction or damage is guilty of an offence against this Act and is punishable upon conviction by imprisonment for a period not exceeding 20 years.

(3B)

A person who intentionally destroys or damages by means of fire or explosive:

(a)

any official premises, private accommodation or means of transport, of an internationally protected person; or

(b)

any other premises or property in or upon which an internationally protected person is present, or is likely to be present;

is guilty of an offence against this Act and is punishable upon conviction by imprisonment for a period not exceeding 15 years.

(3C)

A person who intentionally destroys or damages by means of fire or explosive:

(a)

any official premises, private accommodation or means of transport, of an internationally protected person; or

(b)

any other premises or property in or upon which an internationally protected person is present, or is likely to be present;

with intent to endanger the life of that internationally protected person by that destruction or damage is guilty of an offence against this Act and is punishable upon conviction by imprisonment for a period not exceeding 25 years.

(4)

A person who threatens to do anything that would constitute an offence against subsection (1), (2), (3), (3A), (3B) or (3C) is guilty of an offence against this Act and is punishable on conviction by imprisonment for a period not exceeding 7 years.

(4A)

For the purposes of an offence against subsection (1), (2), (3), (3A), (3B), (3C) or (4), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

(a)

that the person who is murdered or kidnapped, or whose person or liberty is otherwise attacked, is an internationally protected person;

(b)

that the premises or property are official premises, private accommodation or means of transport of an internationally protected person;

(c)

that the premises or property are premises or property in or upon which an internationally protected person is present, or is likely to be present;

(d)

that the person whose life is intended to be endangered by destruction or damage is an internationally protected person.

Note: For absolute liability , see section 6.2 of the Criminal Code .

(5)

For the purposes of this Act, an offence created by section 11.1 or 11.2 of the Criminal Code shall, to the extent that it relates to an offence against subsection (1), (2), (3), (3A), (3B), (3C) or (4), be deemed to be an offence against this Act.

(6)

Where, on the trial of a person for an offence against subsection (1), or for an offence against section 11.1 of the Criminal Code that is related to such an offence, the evidence does not establish the commission by the person of such an offence but establishes the commission by the person of an offence against subsection (2), the person may be found guilty of the last-mentioned offence.

(7)

For the purposes of this section:

(a)

kidnapping a person consists of leading, taking or enticing the person away, or detaining the person, with intent to hold the person for ransom or as a hostage or otherwise for the purpose of inducing compliance with any demand or obtaining any advantage;

(b)

murdering a person consists of causing the death of that person in circumstances in which the person causing the death would be guilty of murder according to the law in force in the Australian Capital Territory at the time of the conduct causing the death, whether or not the conduct took place in that Territory;

(c)

a reference to an attack upon the person of an internationally protected person shall be read as including a reference to assaulting an internationally protected person or to administering or applying to an internationally protected person, or causing an internationally protected person to take, a poison, drug or other destructive or noxious substance or thing;

(d)

a person who destroys or damages any official premises, private accommodation or means of transport or any other premises or property shall be taken to have done so intentionally if the person acted:

(i)

with intent to destroy or damage those premises or that property; or

(ii)

in the knowledge or belief that the actions were likely to result in the destruction of, or damage to, those premises or that property; and

(e)

a person who destroys or damages any official premises, private accommodation or means of transport or any other premises or property shall be taken to have intended to endanger the life of another person by that destruction or damage if the first-mentioned person acted:

(i)

with intent to endanger the life of that other person; or

(ii)

in the knowledge or belief that the actions were likely to endanger the life of that other person.