Commonwealth Consolidated Acts

WAR CRIMES ACT 1945 - NOTES

This compilation was prepared on 24 May 2001
taking into account amendments up to Act No. 24 of 2001
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Preamble
WHEREAS:

(a)

concern has arisen that a significant number of persons who committed serious war crimes in Europe during World War II may since have entered Australia and became Australian citizens or residents;

(b)

it is appropriate that persons accused of such war crimes be brought to trial in the ordinary criminal courts in Australia; and

(c)

it is also essential in the interests of justice that persons so accused be given a fair trial with all the safeguards for accused persons in trials in those courts, having particular regard to matters such as the gravity of the allegations and the lapse of time since the alleged crimes:

Note 1

The War Crimes Act 1945 as shown in this consolidation comprises Act No. 48, 1945 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

(a) The War Crimes Act 1945 was amended by Schedule 49 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

Item 15 commenced on 24 May 2001.

Table of Amendments

Table A

Application, saving or transitional provisions

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

(1)

Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)

For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

(3)

Subsection (1) does not apply to amendments made by this Act to the War Crimes Act 1945.