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CRIMES (TORTURE) ACT 1988 No. 148 of 1988 - SECT 6 Offence of torture

CRIMES (TORTURE) ACT 1988 No. 148 of 1988 - SECT 6

Offence of torture
6. (1) Where:

   (a)  at any time after the commencement of this Act, a person who:

        (i)    is a public official or is acting in an official capacity; or

        (ii)   is acting at the instigation, or with the consent or
               acquiescence, of a public official or person acting in an
               official capacity;
does outside Australia an act that is an act of torture; and

   (b)  that act, if done by the person at that time in a part of Australia,
        would constitute an offence against the law then in force in that part
        of Australia; the person is guilty of an offence against this Act,
        punishable, upon conviction, by the same penalty as would be
        applicable if the person were found guilty of the offence referred to
        in paragraph (b).

(2) In determining for the purposes of subsection (1) whether or not an act is
or was, under the law in force at a particular time in a part of Australia, an
offence of a particular kind, regard shall be had to any defence under that
law that can be or could have been established in a proceeding for the
offence.