Commonwealth Consolidated Acts

WAR CRIMES ACT 1945 - SECT 9

  (1)   A person who:

  (a)   on or after 1   September 1939 and on or before 8   May 1945; and

  (b)   whether as an individual or as a member of an organisation;

    committed a war crime is guilty of an indictable offence against this Act.

  (2)   Sections   11.1, 11.2 , 11.2A and 11.5 of the Criminal Code do not apply in relation to an offence against this Act.

  (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 .