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War Crimes Act 1945

No. 48, 1945

Compilation No. 5

Compilation date:   23 May 2018

Includes amendments up to: Act No. 34, 2018

Registered:    30 May 2018

About this compilation

This compilation

This is a compilation of the War Crimes Act 1945 that shows the text of the law as amended and in force on 23 May 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Application
3A Application of the Criminal Code
Part II—Interpretation
4 Effect of this Part
5 Interpretation
6 Serious crimes
7 War crimes
8 Effect of sections 6 and 7
Part III—War crimes
9 War crime to be indictable offence
10 Punishment
11 Only Australian citizens or residents to be prosecuted
12 Who may prosecute
13 Jurisdiction of courts and choice of law
14 Objection to venue
15 Effect of order for change of venue
16 No defence of superior orders
17 Defence based on laws, customs and usages of war
18 Alternative verdicts
19 Legal assistance
20 Certain provisions enacted to avoid doubt
21 Reporting
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to provide for the Trial and Punishment of War Criminals
Preamble

WHEREAS:
 (a) concern has arisen that a significant number of persons