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LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 49

- War Crimes Act 1945

1 At the end of Part I

Add:

3A 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 Subsection 9(2)

Omit "5 and 7, and paragraph 86(1)(a), of the Crimes Act 1914 ", substitute "11.1, 11.2 and 11.5 of the Criminal Code ".

3 At the end of section 9

Add:

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

(a)
if subsection 6(1) applies—that the relevant act was, under the law in force at the relevant time in the relevant part of Australia, an offence mentioned in that subsection;

(b)
if subsection 6(3) applies—that the law in force at the relevant time in some part of Australia was such that the relevant act would, had it been done at that time in that part, have been a serious crime under subsection 6(1).

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



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