Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 48, 1945
Compilation No. 5
Compilation date: 23 May 2018
Includes amendments up to: Act No. 34, 2018
Registered: 30 May 2018
About this compilation
This compilation
This is a compilation of the War Crimes Act 1945 that shows the text of the law as amended and in force on 23 May 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
3 Application
3A Application of the Criminal Code
Part II--Interpretation
4 Effect of this Part
5 Interpretation
6 Serious crimes
7 War crimes
Part III--War crimes
9 War crime to be indictable offence
10 Punishment
11 Only Australian citizens or residents to be prosecuted
12 Who may prosecute
13 Jurisdiction of courts and choice of law
14 Objection to venue
15 Effect of order for change of venue
16 No defence of superior orders
17 Defence based on laws, customs and usages of war
18 Alternative verdicts
19 Legal assistance
20 Certain provisions enacted to avoid doubt
21 Reporting
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 |
48, 1945 | 11 Oct 1945 | 11 Oct 1945 (s 2) |
| |
3, 1989 | 25 Jan 1989 | 25 Jan 1989 (s 2) | -- | |
174, 1999 | 22 Dec 1999 | 22 Dec 1999 (s 2) | -- | |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4 | |
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 | 4, 2010 | 19 Feb 2010 | Sch 10 (item 31): 20 Feb 2010 (s 2(1) item 13) | -- |
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 | 34, 2018 | 22 May 2018 | Sch 7: 23 May 2018 (s 2(1) item 8) | Sch 7 (item 2) |
Provision affected | How affected |
Preamble................. | rs No 3, 1989 |
Part I |
|
Part I heading.............. | ad No 3, 1989 |
s 3..................... | rs No 3 ,1989 |
s 3A.................... | ad No 24, 2001 |
Part II |
|
Part II................... | ad No 3, 1989 |
s 4..................... | rs No 3, 1989 |
s 5..................... | rs No 3, 1989 |
s 6..................... | rs No 3, 1989 |
s 5..................... | rs No 3, 1989 |
s 8..................... | rs No 3, 1989 |
Part III |
|
Part III.................. | ad No 3, 1989 |
s 9..................... | rs No 3, 1989 |
| am No 24, 2001; No 4, 2010 |
s 10.................... | rs No 3, 1989 |
rs No 3, 1989 | |
rs No 3, 1989 | |
rs No 3, 1989 | |
s 14.................... | rs No 3, 1989 |
s 15.................... | ad No 3, 1989 |
s 16.................... | ad No 3, 1989 |
s 17.................... | ad No 3, 1989 |
s 18.................... | ad No 3, 1989 |
s 19.................... | ad No 3, 1989 |
s 20.................... | ad No 3, 1989 |
s 21.................... | ad No 3, 1989 |
| rs No 34, 2018 |
s 22.................... | ad No 3, 1989 |
| rep No 174, 1999 |