Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p262
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 262/268)
Character Range: 1035458–1038240

person, by his or her conduct, intentionally perverts the course of justice in respect of the International Criminal Court.
Penalty: Imprisonment for 5 years.
 (2) This section does not apply to conduct that constitutes the publication of any matter.
 (3) In this section:
perverts includes obstructs, prevents or defeats.

268.113  Receipt of a corrupting benefit by an official of the International Criminal Court
 (1) A person who is an official of the International Criminal Court commits an offence if:
 (a) the person:
 (i) asks for a benefit for himself, herself or another person; or
 (ii) receives or obtains a benefit for himself, herself or another person; or
 (iii) agrees to receive or obtain a benefit for himself, herself or another person; and
 (b) the person does so with the intention that the exercise of the person's duties as an official of the International Criminal Court will be influenced.
Penalty: Imprisonment for 10 years.
 (2) For the purposes of subsection (1), it is immaterial whether the benefit is in the nature of a reward.

268.114  Subdivision not to apply to certain conduct
 (1) This Subdivision does not apply to a person in respect of:
 (a) conduct that results in a failure or refusal to issue a certificate under section 22 or 29 of the International Criminal Court Act 2002; or
 (b) a failure or refusal to issue such a certificate; or
 (c) conduct engaged in reliance on the absence of such a certificate.
 (2) In this section:
conduct includes any one or more acts or omissions.

Subdivision K—Miscellaneous

268.115  Responsibility of commanders and other superiors
 (1) The criminal responsibility imposed by this section is in addition to other grounds of criminal responsibility under the law in force in Australia for acts or omissions that are offences under this Division.
 (2) A military commander or person effectively acting as a military commander is criminally responsible for offences under this Division committed by forces under his or her effective command and control, or effective authority and control, as the case may be, as a result of his or her failure to exercise control properly over those forces, where:
 (a) the military commander or person either knew or, owing to the circumstances at the time, was reckless as to whether the forces were committing or about to commit such offences; and
 (b) the military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
 (3) With respect to superior and subordinate relationships not described in subsection (2), a superior is criminally responsible for offences against this Division committed by