Schedule 1—Amendment of the Criminal Code Act 1995
Chapter 8—Offences against humanity and related offences
Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Subdivision H—War crimes that are grave breaches of Protocol I to the Geneva Conventions
268.99 War crime—unjustifiable delay in the repatriation of prisoners of war or civilians
(1) A person (the perpetrator) commits an offence if:
(a) one or more persons are in the power of, or are interned, detained or otherwise deprived of liberty by, an adverse party as a result of an international armed conflict; and
(b) the perpetrator unjustifiably delays the repatriation of the person or persons to the person’s own country or the persons’ own countries; and
(c) the delay is in violation of Part IV of the Third Geneva Convention or Chapter XII of Section IV of Part III of the Fourth Geneva Convention.
Penalty: Imprisonment for 10 years.
National penalties - war crimes
National penalties - maximum penalty
EDIT.