Document ID: chunk:federal_register_of_legislation:C2004A00717:clause:1_1:p5
Version: federal_register_of_legislation:C2004A00717
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 5/8)
Character Range: 11315–14102

71.6 or 71.11 (causing harm to, or damaging the property etc. of, a UN or associated person)—imprisonment for 5 years; or
 (d) if the threatened offence is the offence under section 71.7 or 71.10 (recklessly causing harm to, or unlawful detention of, a UN or associated person)—imprisonment for 3 years.

Note: Section 71.23 defines UN or associated person.

71.13  Aggravated offences

 (1) For the purposes of this Division, an offence against section 71.4, 71.5, 71.6, 71.7, 71.8, 71.9 or 71.10 is an aggravated offence if:
 (a) the offence was committed during torture; or
 (b) the offence was committed by the use or threatened use of an offensive weapon; or
 (c) the offence was committed against a person in an abuse of authority.

 (2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.

 (3) In order to prove an aggravated offence, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the matters referred to in paragraph (1)(a), (b) or (c).

 (4) In this section:

offensive weapon includes:
 (a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
 (b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.

torture means the deliberate and systematic infliction of severe pain over a period of time.

71.14  Defence—activities involving serious harm

  A person is not criminally responsible for an offence against section 71.4 or 71.5 if the conduct causing serious harm to another person is engaged in by the first‑mentioned person:
 (a) for the purpose of benefiting the other person or in pursuance of a socially acceptable function or activity; and
 (b) having regard to the purpose, function or activity, the conduct was reasonable.

Note 1: If a person causes less than serious harm to another person, the prosecution is obliged to prove that the harm was caused without the consent of the person harmed (see for example section 71.6).

Note 2: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

71.15  Defence—medical or hygienic procedures

  A person is not criminally responsible for an offence against section 71.8 in respect of any sexual penetration carried out in the course of a procedure in good faith for medical or hygienic purposes.

Note: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

71.16  Jurisdictional requirement

 (1) A person commits an offence under this Division only if:
 (a) the conduct constituting the alleged offence occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly