Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:2_11
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 176636–178064

11  At the end of section 268.88 of the Criminal Code
Add:

Other armed forces and groups

 (4) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses one or more persons to participate actively in hostilities other than as members of the national armed forces; and
 (b) the person or persons are under the age of 18 years; 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 17 years.

 (5) A person (the perpetrator) commits an offence if:
 (a) the perpetrator conscripts one or more persons into an armed force or group other than the national armed forces; and
 (b) the person or persons are under the age of 18 years; 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 15 years.

 (6) A person (the perpetrator) commits an offence if:
 (a) the perpetrator enlists one or more persons into an armed force or group other than the national armed forces; and
 (b) the person or persons are under the age of 18 years; 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 for a contravention of this subsection: Imprisonment for 10 years.