'Superior orders - national proceedings' in document 'Australia - War Crimes Amendment Act 1988'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

An Act to amend the War Crimes Act 1945

5. Sections 3 to 14, inclusive, of the Principal Act are repealed and the following section and Parts are substituted:

No defence of superior orders

"16. Subject to subsections 6 (2) and 13 (2), the fact that, in doing an act alleged to be an offence against this Act, a person acted under orders of his or her government or of a superior is not a defence in a proceeding for the offence, but may, if the person is convicted of the offence, be taken into account in determining the proper sentence".