War Crimes Act 1945
23 May 2018
Includes amendments up to Act No. 34, 2018
30 May 2018
Compilation information and notes on amendments.
1 Short title
2 Commencement
3 Application
The Act extends to all external Territories.
3A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
4 Effect of this Part
Provisions of this Part have effect for the purposes of this Act, except where otherwise stated.
Provisions of this Part have effect for the purposes of this Act.
5 Interpretation
Definitions for act, occupation, person, and proceeding.
6 Serious crimes
6(1) Serious crimes
An act is a serious crime if it was done in a part of Australia and was, under the law then in force in that part, an offence.
Being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of.
(iii) being, by act or omission, in any way, directly or indirectly...
An offence referred to in any of paragraphs (a) to (j), inclusive.
(i) an offence whose elements are substantially the same as...
6(2) Serious crimes
Consider defence under law in force at a particular time when determining if an act is an offence.
Consider the defence under law in force.
(2) In determining for the purposes of subsection (1)
whether or not an act was, under the law in force at a particular time...
Consider the time when the defence was applicable.
...in a part of Australia, an offence of a particular kind...
...that could have been established in a proceeding...
...whether or not an act was, under the law in force at a particular time...
6(3) Serious crimes
...be a serious crime by virtue of subsection (1).
Conditional relation between law and act
Artificial intelligence application to serious crimes
6(4) Serious crimes
Deportation or internment in certain conditions is a serious crime.
Prohibits deportation or internment in certain conditions.
(4) The deportation of a person to, or the internment of a person in, a death camp, a slave labour camp, or a place where persons are subjected to treatment similar to that undergone in a death camp or slave labour camp...
Indicates overlap between deportation/internment and certain conditions.
Indicates repetition of deportation/internment in certain conditions.
Indicates spread of deportation/internment to certain conditions.
Indicates recognition of deportation/internment as serious crimes.
6(5) Serious crimes
Deportation or internment of a person as mentioned in subsection (4) is prohibited.
(5) Each of the following is a serious crime:
Prohibits aiding, abetting, counselling or procuring deportation or internment.
(b) aiding, abetting, counselling or procuring the deportation or internment of a person as so mentioned;
Prohibits being knowingly concerned in, or party to, deportation or internment.
(c) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the deportation or internment of a person as so mentioned.
Establishes temporal relations between actions.
6(6) Serious crimes
Disregard of legal requirements for acts done in the past
(6) For the purposes of subsections (3), (4) and (5)
the fact that the doing of an act was required or permitted by the law in force when and where the act was done shall be disregarded.
7 War crimes
Serious crime is a war crime if committed under specified conditions
8 Effect of sections 6 and 7
8(1) Effect of sections 6 and 7
Nothing in section 6 or 7 limits the generality of anything else in that section.
8(2) Effect of sections 6 and 7
An act may be a serious crime by virtue of certain subsections.
8(3) Effect of sections 6 and 7
A serious crime may be a war crime under certain conditions.
If A is a serious crime, then it may be a war crime.
(3) A serious crime may be a war crime by virtue of either or both of subsections 7(1) and (3), but not otherwise.
(3) A serious crime is a war crime if it meets the conditions in subsections 7(1) and (3).
The excerpt specifies temporal overlap between serious crimes and war crimes.
Serious crimes and war crimes overlap in time if the serious crime meets the conditions in subsections 7(1) and (3).
The excerpt specifies repeated occurrence of serious crimes as war crimes.
Serious crimes repeat as war crimes if they meet the conditions in subsections 7(1) and (3).
The excerpt specifies diffusion of serious crimes to war crimes.
Serious crimes diffuse to war crimes if they meet the conditions in subsections 7(1) and (3).
The excerpt recognizes serious crimes as potentially war crimes.
The excerpt recognizes that serious crimes can be war crimes under certain conditions.
8(4) Effect of sections 6 and 7
Prohibits combining serious crimes to constitute a war crime
(4) Two or more serious crimes may together constitute a war crime by virtue of subsection 7(4), but not otherwise.
Defines the temporal interval for serious crimes that can be combined to constitute a war crime
Defines the temporal trace for serious crimes that can be combined to constitute a war crime
Diffuses the prohibition on combining serious crimes to constitute a war crime
Classifies the serious crimes that can be combined to constitute a war crime using AI
9 War crime to be indictable offence
9(1) War crime to be indictable offence
Guilty of an indictable offence for committing a war crime.
9(2) War crime to be indictable offence
Exempts sections of Criminal Code from applying to offences against this Act.
9(3) War crime to be indictable offence
10 Punishment
10(1) Punishment
Imprisonment for life or lesser term for wilful killing of a person
10(2) Punishment
Prohibition on punishment exceeding 25 years for other offences against the Act
(2) The punishment for any other offence against this Act is imprisonment for not more than 25 years.
The punishment for any other offence against this Act shall not exceed 25 years.
11 Only Australian citizens or residents to be prosecuted
Only Australian citizens or residents can be prosecuted under this Act.
Prohibits prosecution of non-citizens or residents.
A person shall not be charged with an offence against this Act unless...
12 Who may prosecute
Only prosecution in name of Attorney-General or Director of Public Prosecutions.
Restricts prosecution to specified entities.
13 Jurisdiction of courts and choice of law
13(1) Jurisdiction of courts and choice of law
Jurisdiction of courts and choice of law obligation
(1) Section 68 of the Judiciary Act 1903
Section 68 applies in relation to an offence against this Act
13(2) Jurisdiction of courts and choice of law
Jurisdiction of courts and choice of law
13(3) Jurisdiction of courts and choice of law
14 Objection to venue
14(1) Objection to venue
This section applies where a proceeding for an offence against this Act is being held in a State or internal Territory.
Applicability of the section to a proceeding in a State or internal Territory.
(1) This section applies where a proceeding for an offence against this Act is being held in a State or internal Territory.
The section applies if the proceeding is held in a State or internal Territory.
Temporal relationship between the section and the proceeding.
The section applies during the proceeding.
14(2) Objection to venue
Defendant may apply for change of venue.
14(3) Objection to venue
Application can be made at a later time if allowed by the magistrate or judge.
Temporal overlap between application and charging
(a) as soon as reasonably practicable after the defendant is charged with the offence;
14(4) Objection to venue
Proceedings for the offence must be held in another State or Territory.
Prohibits proceedings in the defendant's State or Territory.
...order that all proceedings for the offence be held in that other State or Territory.
Defines a temporal interval for the commencement of proceedings.
Establishes a temporal trace for the commencement of proceedings.
Diffuses the venue of proceedings to another State or Territory.
Applies reasoning to determine the venue of proceedings.
14(5) Objection to venue
Appeal or review of orders and decisions is allowed.
14(6) Objection to venue
Constitutes a single Territory for the purposes of this section.
15 Effect of order for change of venue
Prohibition on holding proceedings in a different State or internal Territory
(a) a proceeding for an offence against this Act is being held in a State or internal Territory; and (b) the magistrate or judge orders under section 14 that all proceedings for the offence be held in another State or internal Territory.
16 No defence of superior orders
17 Defence based on laws, customs and usages of war
17(1) Defence based on laws, customs and usages of war
This section has effect for the purposes of a proceeding for an offence against this Act.
(1) This section has effect for the purposes of a proceeding for an offence against this Act.
This section has effect during the proceedings for an offence against this Act.
17(2) Defence based on laws, customs and usages of war
Defence based on laws, customs and usages of war
Permitted by laws, customs and usages of war
(a) was permitted by the laws, customs and usages of war
Not under international law a crime against humanity
(b) was not under international law a crime against humanity
17(3) Defence based on laws, customs and usages of war
Justification by laws, customs and usages of war
(3) To avoid doubt, the doing of the act by the defendant was permitted by the laws, customs and usages of war if it was reasonably justified by the exigencies and necessities of the conduct of war.
Temporal relationship between justification and act
17(4) Defence based on laws, customs and usages of war
Defendant must provide evidence of defence facts
17(5) Defence based on laws, customs and usages of war
Prosecution bears onus of establishing facts beyond reasonable doubt.
18 Alternative verdicts
18(1) Alternative verdicts
Alternative verdicts for certain offences
Imposes a duty on the State to follow alternative verdicts for certain offences
...the accused is guilty of an alternative offence against this Act;
Establishes a temporal relation between the time of the act and the time of the law in force
(b) on the accused’s trial for the offence charged, the jury:...
...an offence of another kind, being an offence referred to in a paragraph of subsection 6(1);
Establishes a recurring trace between the time of the act and the time of the law in force
18(2) Alternative verdicts
Jury may find accused not guilty of offence charged but guilty of alternative offence.
Accused must be found guilty of alternative offence.
19 Legal assistance
19(1) Legal assistance
A person who has been charged with an offence may apply for assistance.
The Attorney-General is required to assist.
A person who has been charged may apply for assistance.
Claims that the Attorney-General has a duty to assist.
The provision states that the Attorney-General must provide assistance.
Establishes a temporal relationship between the charge and the application.
The provision states that the application must be made before or after the charge.
A person who has been charged may apply for assistance at any time.
Diffuses the obligation to assist throughout the relevant population.
The provision applies to all persons who have been charged.
All persons who have been charged may apply for assistance.
Inferentially establishes the obligation to assist.
19(2) Legal assistance
Attorney-General may authorise Commonwealth to provide legal or financial assistance in a proceeding.
19(3) Legal assistance
Conditions for authorisation under subsection (2)
Conditions as determined by the Attorney-General
19(4) Legal assistance
Attorney-General must consider hardship to applicant in refusal decision.
Attorney-General has a duty to consider hardship.
The Attorney-General is required to make decisions.
Hardship must be considered in refusal decision.
Refusal without considering hardship leads to a contradiction.
Refusal without considering hardship is within the interval of 'hardship consideration'.
Refusal without considering hardship is within the diffusion of 'hardship consideration'.
Refusal without considering hardship is within the cognitive AI framework of 'hardship consideration'.
19(5) Legal assistance
Request for consent on notice to Parliament
19(6) Legal assistance
The Attorney-General must lay a copy of the notice before each House of Parliament within 15 sitting days.
The Attorney-General must perform the action.
The Attorney-General shall cause a copy of the notice to be laid before each House of the Parliament.
The action must occur within a specified time frame.
Within 15 sitting days of that House after the Attorney-General receives the consent.
20 Certain provisions enacted to avoid doubt
21 Reporting
21(1) Reporting
The Attorney-General must prepare a report about the operation of this Act during the year after the end of the financial year.
21(2) Reporting
Reporting requirements for suspected offences against this Act.
21(3) Reporting
The Attorney-General must report to each House of Parliament within 15 sitting days.
The Attorney-General must report to each House of Parliament.
11 Oct
11 Oct 1945 (s 2)
25 Jan 1989
25 Jan 1989 (s 2)
22 Dec
22 Dec 1999 (s 2)
Requires relation between identifiable temporal intervals
Temporal interval required for commencement
Relation between temporal intervals required
6 Apr 2001
Conditional commencement of Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
Requires a relation between identifiable temporal intervals
19 Feb
Conditional commencement of Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018
22 May