Document ID: chunk:federal_register_of_legislation:C2004A01043:clause:1_1:p1
Version: federal_register_of_legislation:C2004A01043
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/2)
Character Range: 2165–4934

1  The Schedule (at the end of Chapter 5 of the Criminal Code)
Add:

Part 5.4—Harming Australians

Division 104—Harming Australians

104.1  Murder of an Australian citizen or a resident of Australia

 (1) A person is guilty of an offence if:
 (a) the person engages in conduct outside Australia; 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 to cause, or is reckless as to causing, the death of the Australian citizen or resident of Australia or any other person by the conduct.

Penalty: Imprisonment for life.

 (2) Absolute liability applies to paragraph (1)(c).

104.2  Manslaughter of an Australian citizen or a resident of Australia

 (1) A person is guilty of an offence if:
 (a) the person engages in conduct outside Australia; 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.

Penalty: Imprisonment for 25 years.

 (2) Absolute liability applies to paragraphs (1)(b) and (c).

104.3  Intentionally causing serious harm to an Australian citizen or a resident of Australia

 (1) A person is guilty of 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).

104.4  Recklessly causing serious harm to an Australian citizen or a resident of Australia

 (1) A person is guilty of 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 is reckless as to causing serious harm to the Australian citizen or resident of Australia or any other person by the conduct.

Penalty: Imprisonment for 15 years.

 (2) Absolute liability applies to paragraph (1)(c).

104.5  Saving of other laws

  This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

104.6  Bringing proceedings under this Division

 (1) Proceedings for an offence under this Division must not