Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p249
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 249/268)
Character Range: 1003005–1005716

armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 20 years.
 (2) The definitions of charitable purpose in subsection 12(1) of the Charities Act 2013 and section 2B of the Acts Interpretation Act 1901 do not apply to this section.

268.81  War crime—pillaging
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator appropriates certain property; and
 (b) the perpetrator intends to deprive the owner of the property and to appropriate it for private or personal use; and
 (c) the appropriation is without the consent of the owner; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 20 years.

268.82  War crime—rape
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator sexually penetrates another person without the consent of that person; and
 (b) the perpetrator knows of, or is reckless as to, the lack of consent; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and
 (b) the perpetrator knows of, or is reckless as to, the lack of consent; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
 (3) In this section:
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
 (4) In this section:
sexually penetrate means:
 (a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any