Document ID: chunk:federal_register_of_legislation:C2010A00037:clause:1_1:p1
Version: federal_register_of_legislation:C2010A00037
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/3)
Character Range: 1434–4108

1  At the end of Chapter 8 of the Criminal Code
Add:

Division 274—Torture

274.1  Definitions
 (1) In this Division:
Convention means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations at New York on 10 December 1984.
Note: The text of the Convention is set out in Australian Treaty Series 1989 No. 21 ([1989] ATS 21). In 2010, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
 (2) An expression that is used both in this Division and in the Convention (whether or not a particular meaning is given to it by the Convention) has, in this Division, the same meaning as it has in the Convention.

274.2  Torture
 (1) A person (the perpetrator) commits an offence if the perpetrator:
 (a) engages in conduct that inflicts severe physical or mental pain or suffering on a person (the victim); and
 (b)  the conduct is engaged in:
 (i) for the purpose of obtaining from the victim or from a third person information or a confession; or
 (ii) for the purpose of punishing the victim for an act which the victim or a third person has committed or is suspected of having committed; or
 (iii) for the purpose of intimidating or coercing the victim or a third person; or
 (iv) for a purpose related to a purpose mentioned in subparagraph (i), (ii) or (iii); and
 (c) the perpetrator engages in the conduct:
 (i) in the capacity of a public official; or
 (ii) acting in an official capacity; or
 (iii) acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.
Penalty: Imprisonment for 20 years.
 (2) A person (the perpetrator) commits an offence if the perpetrator:
 (a) engages in conduct that inflicts severe physical or mental pain or suffering on a person; and
 (b)  the conduct is engaged in for any reason based on discrimination of any kind; and
 (c) the perpetrator engages in the conduct:
 (i) in the capacity of a public official; or
 (ii) acting in an official capacity; or
 (iii) acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.
Penalty: Imprisonment for 20 years.
 (3) Absolute liability applies to paragraphs (1)(c) and (2)(c).
Note: For absolute liability, see section 6.2.
 (4) Subsections (1) and (2) do not apply to conduct arising only from, inherent in or incidental to lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights (a copy of