Document ID: chunk:federal_register_of_legislation:C2004A00717:clause:1_1:p1
Version: federal_register_of_legislation:C2004A00717
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/8)
Character Range: 1468–4159

1  The Schedule (after Division 70 of Chapter 4 of the Criminal Code)
Insert:

Division 71—Offences against United Nations and associated personnel

71.1  Purpose

  The purpose of this Division is to protect United Nations and associated personnel and give effect to the Convention on the Safety of United Nations and Associated Personnel.

71.2  Murder of a UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes the death of another person; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and
 (d) the first‑mentioned person intends to cause, or is reckless as to causing, the death of the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for life.

Note: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

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

71.3  Manslaughter of a UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes the death of another person; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and
 (d) the first‑mentioned person intends to cause, or is reckless as to causing, serious harm to the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for 25 years.

Note: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

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

71.4  Intentionally causing serious harm to a UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes serious harm to another person; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and
 (d) the first‑mentioned person intends to cause serious harm to the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for 20 years.

Maximum penalty (aggravated offence): Imprisonment for 25 years.

Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2: Section 71.13 defines aggravated offence.

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

71.5  Recklessly causing serious harm to a UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes serious harm to another person; and
 (b) that other person is a UN