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WAR CRIMES ACT 1945 - NOTES

WAR CRIMES ACT 1945 - NOTES

No. 48, 1945

Compilation No. 5

Compilation date:   23 May 2018

Includes amendments up to: Act No. 34, 2018

Registered:    30 May 2018

 

About this compilation

This compilation

This is a compilation of the War Crimes Act 1945 that shows the text of the law as amended and in force on 23 May 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part I--Preliminary

1 Short title

2 Commencement

3 Application

3A Application of the Criminal Code

Part II--Interpretation

4 Effect of this Part

5 Interpretation

6 Serious crimes

7 War crimes

8 Effect of sections 6 and 7

Part III--War crimes

9 War crime to be indictable offence

10 Punishment

11 Only Australian citizens or residents to be prosecuted

12 Who may prosecute

13 Jurisdiction of courts and choice of law

14 Objection to venue

15 Effect of order for change of venue

16 No defence of superior orders

17 Defence based on laws, customs and usages of war

18 Alternative verdicts

19 Legal assistance

20 Certain provisions enacted to avoid doubt

21 Reporting

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

War Crimes Act 1945

48, 1945

11 Oct 1945

11 Oct 1945 (s 2)

 

War Crimes Amendment Act 1988

3, 1989

25 Jan 1989

25 Jan 1989 (s 2)

--

War Crimes Amendment Act 1999

174, 1999

22 Dec 1999

22 Dec 1999 (s 2)

--

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

s 4 and Sch 49: 24 May 2001 (s 2(1)(a))

s 4

Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010

4, 2010

19 Feb 2010

Sch 10 (item 31): 20 Feb 2010 (s 2(1) item  13)

--

Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018

34, 2018

22 May 2018

Sch 7: 23 May 2018 (s 2(1) item 8)

Sch 7 (item 2)

 

Endnote 4--Amendment history

 

Provision affected

How affected

Preamble.................

rs No 3, 1989

Part I

 

Part I heading..............

ad No 3, 1989

s 3.....................

rs No 3 ,1989

s 3A....................

ad No 24, 2001

Part II

 

Part II...................

ad No 3, 1989

s 4.....................

rs No 3, 1989

s 5.....................

rs No 3, 1989

s 6.....................

rs No 3, 1989

s 5.....................

rs No 3, 1989

s 8.....................

rs No 3, 1989

Part III

 

Part III..................

ad No 3, 1989

s 9.....................

rs No 3, 1989

 

am No 24, 2001; No 4, 2010

s 10....................

rs No 3, 1989

s 11....................

rs No 3, 1989

s 12....................

rs No 3, 1989

s 13....................

rs No 3, 1989

s 14....................

rs No 3, 1989

s 15....................

ad No 3, 1989

s 16....................

ad No 3, 1989

s 17....................

ad No 3, 1989

s 18....................

ad No 3, 1989

s 19....................

ad No 3, 1989

s 20....................

ad No 3, 1989

s 21....................

ad No 3, 1989

 

rs No 34, 2018

s 22....................

ad No 3, 1989

 

rep No 174, 1999