Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p44
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 44/48)
Character Range: 112621–115437

before the International Criminal Court; or
 (b) give a false or misleading interpretation as an interpreter at such a proceeding.

Penalty: Imprisonment for 5 years.

268.107  Threatening witnesses or interpreters

 (1) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
 (a) not attend as a witness at a proceeding before the International Criminal Court; or
 (b) give false evidence at such a proceeding; or
 (c) withhold true evidence at such a proceeding.

Penalty: Imprisonment for 7 years.

 (2) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
 (a) not attend as an interpreter at a proceeding before the International Criminal Court; or
 (b) give a false or misleading interpretation as an interpreter in such a proceeding.

Penalty: Imprisonment for 7 years.

268.108  Preventing witnesses or interpreters

 (1) A person commits an offence if the person, by his or her conduct, intentionally prevents another person from attending as a witness or interpreter at a proceeding before the International Criminal Court.

Penalty: Imprisonment for 5 years.

 (2) This section does not apply to conduct that constitutes an offence against section 268.105, 268.106, 268.107, 268.109 or 268.110.

268.109  Preventing production of things in evidence

  A person commits an offence if the person, by his or her conduct, intentionally prevents another person from producing in evidence at a proceeding before the International Criminal Court a thing that is legally required to be produced.

Penalty: Imprisonment for 5 years.

268.110  Reprisals against witnesses

 (1) A person commits an offence if the person causes or threatens to cause any detriment to another person who was a witness in a proceeding before the International Criminal Court:
 (a) because of anything done by the other person in or for the purposes of the proceeding; and
 (b) in the belief that the other person was a witness who had done that thing.

Penalty: Imprisonment for 5 years.

 (2) It is a defence to a prosecution for an offence against subsection (1) that:
 (a) the detriment to the witness was not (apart from this section) an offence; and
 (b) the witness committed perjury in the proceeding before the International Criminal Court.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).

 (3) In this section:

witness includes:
 (a) a person who attends at a proceeding before the International Criminal Court as a witness but is not called as a witness; or
 (b) an interpreter.

268.111  Reprisals against officials of the