An Act to provide for the Trial and Punishment of War Criminals#
Part II—Interpretation
6 Serious crimes
(2) In determining for the purposes of subsection (1) whether or not an act was, under the law in force at a particular time in a part of Australia, an offence of a particular kind, regard shall be had to any defence under that law that could have been established in a proceeding for the offence.
EDIT.