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LAW AND JUSTICE LEGISLATION AMENDMENT (SERIOUS DRUG OFFENCES AND OTHER MEASURES) ACT 2005 NO. 129, 2005 - SCHEDULE 2

- Involvement of children in armed conflict

Criminal Code Act 1995


1
Paragraph 268.68(1)(a) of the Criminal Code

After "hostilities", insert "as members of the national armed forces".

Note: The following heading to subsection 268.68(1) of the Criminal Code is inserted " National armed forces ".


2
Subsection 268.68(3) of the Criminal Code
(penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years.


3
At the end of section 268.68 of the Criminal
Code

Add:

Other armed forces and groups

(4)
A person (the perpetrator ) commits an offence if:

(a) the perpetrator uses one or more persons to participate actively in hostilities other than as members of the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.

(5)
A person (the perpetrator ) commits an offence if:

(a) the perpetrator conscripts one or more persons into an armed force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.

(6)
A person (the perpetrator ) commits an offence if:

(a) the perpetrator enlists one or more persons into an armed force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 10 years.


4
Paragraph 268.88(1)(a) of the Criminal Code

After "hostilities", insert "as members of the national armed forces".

Note: The following heading to subsection 268.88(1) of the Criminal Code is inserted " National armed forces ".


5
Paragraph 268.88(1)(c) of the Criminal Code

Repeal the paragraph.


6
Paragraph 268.88(2)(a) of the Criminal Code

Omit "an armed force or group", substitute "the national armed forces".


7
Paragraph 268.88(2)(c) of the Criminal Code

Repeal the paragraph.


8
Paragraph 268.88(3)(a) of the Criminal Code

Omit "an armed force or group", substitute "the national armed forces".


9
Paragraph 268.88(3)(c) of the Criminal Code

Repeal the paragraph.


10
Subsection 268.88(3) of the Criminal Code
(penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years.


11
At the end of section 268.88 of the Criminal
Code

Add:

Other armed forces and groups

(4)
A person (the perpetrator ) commits an offence if:

(a) the perpetrator uses one or more persons to participate actively in hostilities other than as members of the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 17 years.

(5)
A person (the perpetrator ) commits an offence if:

(a) the perpetrator conscripts one or more persons into an armed force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 15 years.

(6)
A person (the perpetrator ) commits an offence if:

(a) the perpetrator enlists one or more persons into an armed force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 10 years.


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