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