Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p134
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 134/268)
Character Range: 706503–709137

resident of Australia
 (1) A person commits an offence if:
 (a) the person engages in conduct outside Australia (whether before or after 1 October 2002 or the commencement of this Code); and
 (b) the conduct causes the death of another person; and
 (c) the other person is an Australian citizen or a resident of Australia; and
 (d) the first‑mentioned person intends that the conduct will cause serious harm, or is reckless as to a risk that the conduct will cause serious harm, to the Australian citizen or resident of Australia or any other person; and
 (e) if the conduct was engaged in before 1 October 2002—at the time the conduct was engaged in, the conduct constituted an offence against a law of the foreign country, or the part of the foreign country, in which the conduct was engaged.
Note: This section commenced on 1 October 2002.
 (1A) If the conduct constituting an offence against subsection (1) was engaged in before 1 October 2002, the offence is punishable on conviction by:
 (a) if, at the time the conduct was engaged in, the offence mentioned in paragraph (1)(e) was punishable on conviction by imprisonment for a term of less than 25 years—a maximum penalty of imprisonment for a term of not more than that term; or
 (b) otherwise—a maximum penalty of imprisonment for a term of not more than 25 years.
 (1B) If the conduct constituting an offence against subsection (1) was engaged in on or after 1 October 2002, the offence is punishable on conviction by a maximum penalty of imprisonment for a term of not more than 25 years.
 (2) Absolute liability applies to paragraphs (1)(b), (c) and (e).
 (3) If:
 (a) a person has been convicted or acquitted of an offence in respect of conduct under a law of a foreign country or a part of a foreign country; and
 (b) the person engaged in the conduct before 1 October 2002;
the person cannot be convicted of an offence against this section in respect of that conduct.

115.3  Intentionally causing serious harm to an Australian citizen or a resident of Australia
 (1) A person commits an offence if:
 (a) the person engages in conduct outside Australia; and
 (b) the conduct causes serious harm to another person; and
 (c) the other person is an Australian citizen or a resident of Australia; and
 (d) the first‑mentioned person intends to cause serious harm to the Australian citizen or resident of Australia or any other person by the conduct.
Penalty: Imprisonment for 20 years.
 (2) Absolute liability applies to paragraph (1)(c).

115.4  Recklessly causing serious harm to an Australian citizen or a resident of Australia
 (1) A person commits an offence if:
 (a)