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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 19

- Crimes (Torture) Act 1988

1 After section 5

Insert:

5A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2 After subsection 6(1)

Insert:

(1A) For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:

(a)
that the act of torture is done outside Australia;

(b)
that the act of torture, if done by the person at the relevant time in a part of Australia, would constitute an offence against the law then in force in that part of Australia.

Note: For absolute liability , see section 6.2 of the Criminal Code .



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