No. 103, 1957
Compilation No. 10
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 16 November 2016
About this compilation
This compilation
This is a compilation of the Geneva Conventions Act 1957 that shows the text of the law as amended and in force on 21 October 2016 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
5 Interpretation
6 Application of Act
6A Application of the Criminal Code
Part III--Legal proceedings in respect of protected persons
10A Court may determine whether person is a protected prisoner of war
11 Notice of trial of protected prisoners of war and internees to be served on protecting power etc.
12 Legal representation of prisoners of war
13 Appeals by protected prisoners of war and internees
14 Reduction of sentence and custody of protected prisoners of war and internees
Part IV--Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
15 Use of Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
Part V--Regulations
16 Regulations
The Schedules
Schedule 1--Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949
Schedule 2--Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949
Schedule 3--Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949
Schedule 4--Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949
Schedule 5--Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
Schedule 6--Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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.
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) |
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 |
103, 1957 | 18 Dec 1957 | 1 Sept 1959 (s 2 and gaz 1959, p 3001) |
| |
Statute Law Revision (Decimal Currency) Act 1966 | 93, 1966 | 29 Oct 1966 | First Sch: 1 Dec 1966 (s 2(1)) | -- |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | s 9(1), 10 and Sch 1: 31 Dec 1973 (s 2) | s 9(1) and 10 |
153, 1982 | 31 Dec 1982 | s 74-77: 3 July 1985 (s 2 and gaz 1985, No S255) | -- | |
Director of Public Prosecutions (Consequential Amendments) Act 1983 | 114, 1983 | 14 Dec 1983 | s 19: 5 Mar 1984 (s 2(1)) | -- |
27, 1991 | 4 Mar 1991 | 28 Mar 1991 (s 2(1) and gaz 1991, No S81) | -- | |
as amended by |
|
|
|
|
43, 1996 | 25 Oct 1996 | Sch 3 (item 27): 4 Mar 1991 (s 2(3)) | -- | |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 30: 24 May 2001 (s 2(1)(a)) | s 4(1), (2) |
International Criminal Court (Consequential Amendments) Act 2002 | 42, 2002 | 27 June 2002 | -- | |
18, 2009 | 26 Mar 2009 | Sch 1 (items 3-12): 15 Feb 2010 | -- | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (item 393): 10 Mar 2016 (s 2(1) item 6) | -- |
61, 2016 | 23 Sept 2016 | Sch 1 (item 249): 21 Oct 2016 (s 2(1) item 1) | -- |
Provision affected | How affected |
Title.................... | am No 27, 1991 |
Part I |
|
s 2..................... | am No 27, 1991 |
s 3..................... | rep No 216, 1973 |
s 4..................... | rep No 216, 1973 |
s 5..................... | am No 216, 1973; No 153, 1982; No 27, 1991; No 18, 2009 |
s 6..................... | am No 216, 1973 |
s 6A.................... | ad No 24, 2001 |
Part II heading............. | am No 27, 1991 |
| rep No 42, 2002 |
Part II................... | rep No 42, 2002 |
s 7..................... | am No 216, 1973; No 153, 1982; No 114, 1983; No 27, 1991; No 24, 2001 |
| rep No 42, 2002 |
s 8..................... | am No 216, 1973 |
| rs No 27, 1991 |
| rep No 42, 2002 |
s 9..................... | rep No 153, 1982 |
s 10.................... | am No 216, 1973; No 27, 1991 |
| rep No 42, 2002 |
Part III |
|
s 10A................... | ad No 27, 1991 |
s 11.................... | am No 27, 1991 (as am by No 43, 1996) |
s 12.................... | am No 27, 1991 |
s 13.................... | am No 153, 1982; No 27, 1991 |
s 14.................... | am No 27, 1991 |
Part IV |
|
Part IV heading............. | am No 27, 1991 |
s 15.................... | am No 93, 1966; No 27, 1991; No 24, 2001; No 18, 2009; No 4, 2016; No 61, 2016 |
Part V |
|
s 16.................... | rs No 27, 1991 |
Schedules |
|
First Schedule heading........ | rep No 27, 1991 |
Schedule 1 heading.......... | ad No 27, 1991 |
Second Schedule heading...... | rep No 27, 1991 |
Schedule 2 heading.......... | ad No 27, 1991 |
Third Schedule heading....... | rep No 27, 1991 |
Schedule 3 heading.......... | ad No 27, 1991 |
Fourth Schedule heading...... | rep No 27, 1991 |
Schedule 4 heading.......... | ad No 27, 1991 |
Schedule 5................ | ad No 27, 1991 |
Schedule 6................ | ad No 18, 2009 |