crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.7
1 At the end of Chapter 8 of the Criminal Code
Reference to Convention text and meaning preservation
10 December 1984.
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.11
Omit 'torture', substitute 'the deliberate and systematic infliction of severe pain over a period of time'.
2 Paragraph 71.13(1)(a) of the Criminal Code
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.8
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.10
No Convention is taken to be a matter arising directly under a treaty.
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.12
Discrimination-based conduct is prohibited.
Absolute liability applies to paragraphs (1)(c) and (2)(c).
Exempts conduct from subsections (1) and (2) if it is lawful sanctions not inconsistent with the International Covenant on Civil and Political Rights.
Obligation to prosecute an offence against subsection (1) or (2)
The temporal interval is during the application of section 15.4.
(5) Section 15.4 applies to an offence against subsection (1) or (2)
There is an implication that the prosecution of the offence is required.
The CogAI recognizes the obligation to prosecute the offence.
There is an obligation to prosecute the offence.
The diffusion of the obligation is to prosecute the offence.
274 Section 274
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.9
Attorney-General's consent required for proceedings outside Australia.
274(1) Section 274
Consent required for certain steps in proceedings
274(2) Section 274
No further step can be taken until consent is given
Consent is required for certain steps in proceedings
Accused may be discharged if proceedings are not continued within a reasonable time.
274(3) Section 274
No defence of exceptional circumstances or superior orders
Prohibits defence of exceptional circumstances or superior orders
Jurisdiction of State/Territory courts preserved
No exclusion or limitation of concurrent laws
Double jeopardy protection for convictions outside Australia
Prevents double conviction for same conduct
3 Subsection 71.13(4) of the Criminal Code (definition of
4 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act
4 The whole of the Act
6 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act
Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act
8 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.13
Insertion of 'of the States and of the Territories' after 'Commonwealth'
1 Title
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.14
Torture prohibition and death penalty abolition
10 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act
2 Subsection 3(4)
Section 6 applies in relation to the laws of the States.
2(3) Subsection 3(4)
Conditional commencement of this Act's application to offences.
2(4) Subsection 3(4)
The commencement date is a temporal interval.
Requires a relation between identifiable temporal intervals.
(4) This Act applies in relation to offences referred to in subsections (2) and (3) committed before, on or after the commencement of this Act.
This Act's application is conditional upon its commencement.
Classifies the legal effect as Undertaking.
The commencement date is a temporal interval with an order.
3 At the end of section 4
4 Section 5
5 At the end of the Act
Death penalty cannot be imposed for certain offenses.
6 Death penalty must not be imposed
Prohibits the imposition of death penalty.
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.5
Cites this Act as the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010.
1 Short title
crimes-legislation-amendment-torture-prohibition-and-death-penalty-abolition-act-2010.pdf, p.6
2 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act
Commences on day after receiving Royal Assent.
2 Commencement
Schedules for amendment or repeal of Acts
3 Schedule(s)
An Act to amend the Criminal Code Act 1995 and the Death Penalty Abolition Act 1973, and for related purposes
Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010