Commonwealth Consolidated Acts

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WAR CRIMES ACT 1945 - SECT 5

Interpretation

Unless the contrary intention appears:

"act" includes omission.

"do" includes make.

"occupation" means:

(a)
an occupation of territory arising out of a war; or
(b)
without limiting the generality of paragraph (a), an occupation of territory in Latvia, Lithuania or Estonia as a direct or indirect result of:
(i)
the agreement of 23 August 1939 between Germany and the Union of Soviet Socialist Republics; or
(ii)
any protocol to that agreement.
"person "means a natural person, whether or not the person is or has ever been:

(a)
an Australian citizen;
(b)
a resident of Australia;
(c)
a British subject;or
(d)
a citizen of a country allied or associated with Australia in relation to the conduct of a war.
proceeding, in relation to an offence, means:

(a)
a proceeding for commitment for trial in respect of the offence; or
(b)
a prosecution on indictment for the offence.
"war "means:

(a)
a war, whether declared or not;
(b)
any other armed conflict between countries; or
(c)
a civil war or similar armed conflict;

(whether or not involving Australia or a country allied or associated with Australia) in so far as it occurred in Europe in the period beginning on 1 September 1939 and ending on 8 May 1945.


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