Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p3
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 3/48)
Character Range: 8501–11370

(the perpetrator) commits an offence if:
 (a) the perpetrator causes the death of one or more persons; and
 (b) the perpetrator's conduct constitutes, or takes place as part of, a mass killing of members of a civilian population; and
 (c) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for life.

 (2) In subsection (1):

causes the death of includes causes death by intentionally inflicting conditions of life (such as the deprivation of access to food or medicine) intended to bring about the destruction of part of a population.

268.10  Crime against humanity—enslavement

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator exercises any or all of the powers attaching to the right of ownership over one or more persons (including the exercise of a power in the course of trafficking in persons, in particular women and children); and
 (b) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 25 years.

 (2) In subsection (1):

exercises any or all of the powers attaching to the right of ownership over a person includes purchases, sells, lends or barters a person or imposes on a person a similar deprivation of liberty and also includes exercise a power arising from a debt incurred or contract made by a person.

268.11  Crime against humanity—deportation or forcible transfer of population

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator forcibly displaces one or more persons, by expulsion or other coercive acts, from an area in which the person or persons are lawfully present to another country or location; and
 (b) the forcible displacement is contrary to paragraph 4 of article 12 or article 13 of the Covenant; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness of the presence of the person or persons in the area; and
 (d) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 17 years.

 (2) Strict liability applies to paragraph (1)(b).

 (3) In subsection (1):

forcibly displaces one or more persons includes displaces one or more persons:
 (a) by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power) against the person or persons or against another person; or
 (b) by taking advantage of a coercive environment.

268.12  Crime against humanity—imprisonment or other severe deprivation of physical liberty

 (1) A person (the perpetrator) commits an offence if:
 (a) the