Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p12
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 12/23)
Character Range: 1155370–1158063

that is used both in this Division and in the Convention (whether or not a particular meaning is given to it by the Convention) has, in this Division, the same meaning as it has in the Convention.

274.2  Torture
 (1) A person (the perpetrator) commits an offence if the perpetrator:
 (a) engages in conduct that inflicts severe physical or mental pain or suffering on a person (the victim); and
 (b) the conduct is engaged in:
 (i) for the purpose of obtaining from the victim or from a third person information or a confession; or
 (ii) for the purpose of punishing the victim for an act which the victim or a third person has committed or is suspected of having committed; or
 (iii) for the purpose of intimidating or coercing the victim or a third person; or
 (iv) for a purpose related to a purpose mentioned in subparagraph (i), (ii) or (iii); and
 (c) the perpetrator engages in the conduct:
 (i) in the capacity of a public official; or
 (ii) acting in an official capacity; or
 (iii) acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.
Penalty: Imprisonment for 20 years.
 (2) A person (the perpetrator) commits an offence if the perpetrator:
 (a) engages in conduct that inflicts severe physical or mental pain or suffering on a person; and
 (b) the conduct is engaged in for any reason based on discrimination of any kind; and
 (c) the perpetrator engages in the conduct:
 (i) in the capacity of a public official; or
 (ii) acting in an official capacity; or
 (iii) acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.
Penalty: Imprisonment for 20 years.
 (3) Absolute liability applies to paragraphs (1)(c) and (2)(c).
Note: For absolute liability, see section 6.2.
 (4) Subsections (1) and (2) do not apply to conduct arising only from, inherent in or incidental to lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986).
 (5) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (2).

274.3  Prosecutions
 (1) Proceedings for an offence against this Division, where the conduct constituting the alleged offence occurs wholly outside Australia, must not take place except with the consent in writing of the Attorney‑General.
 (2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against this Division:
 (a) a person may be arrested