Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p8
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 8/48)
Character Range: 21201–23942

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.

threat of force or coercion includes:
 (a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or
 (b) taking advantage of a coercive environment.

 (4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.

268.20  Crime against humanity—persecution

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator severely deprives one or more persons of any of the rights referred to in paragraph (b); and
 (b) the rights are those guaranteed in articles 6, 7, 8 and 9, paragraph 2 of article 14, article 18, paragraph 2 of article 20, paragraph 2 of article 23 and article 27 of the Covenant; and
 (c) the perpetrator targets the person or persons by reason of the identity of a group or collectivity or targets the group or collectivity as such; and
 (d) the grounds on which the targeting is based are political, racial, national, ethnic, cultural, religious, gender or other grounds that are recognised in paragraph 1 of article 2 of the Covenant; and
 (e) the perpetrator's conduct is committed in connection with another act that is:
 (i) a proscribed inhumane act; or
 (ii) genocide; or
 (iii) a war crime; and
 (f) 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:
 (a) the physical element of the offence referred to in paragraph (1)(a) that the rights are those referred to in paragraph (1)(b); and
 (b) paragraphs (1)(b) and (d).

268.21  Crime against humanity—enforced disappearance of persons

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator arrests, detains or abducts one or more persons; and
 (b) the arrest, detention or abduction is carried out by, or with the authorisation, support or acquiescence of, the government of a country or a political organisation; and
 (c) the perpetrator intends to remove the person or persons from the protection of the law for a prolonged period of time; and
 (d) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack