Australia

War Crimes Amendment Act 1988

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 Sections 3 to 14, inclusive, of the Principal Act are repealed and the following section and Parts are substituted: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

"(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."

"(3) An act is a serious crime if:

(a) it was done at a particular time outside Australia; and

(b) the law in force at that time in some part of Australia was such that the act would, had it been done at that time in that part, be a serious crime by virtue of subsection (1)."

Keywords

Nullum crimen sine lege



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