Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p7
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 7/48)
Character Range: 18638–21443

of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 25 years.

 (2) In subsection (1):

forcibly made pregnant includes made pregnant by a consent that was affected by deception or by natural, induced or age‑related incapacity.

 (3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.

268.18  Crime against humanity—enforced sterilisation

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator deprives one or more persons of biological reproductive capacity; and
 (b) the deprivation is not effected by a birth‑control measure that has a non‑permanent effect in practice; and
 (c) the perpetrator's conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and
 (d) 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 25 years.

 (2) In subsection (1):

consent does not include consent effected by deception or by natural, induced or age‑related incapacity.

268.19  Crime against humanity—sexual violence

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator does either of the following:
 (i) commits an act or acts of a sexual nature against one or more persons;
 (ii) causes one or more persons to engage in an act or acts of a sexual nature;
  without the consent of the person or persons, including by being reckless as to whether there is consent; and
 (b) the perpetrator's conduct is of a gravity comparable to the offences referred to in sections 268.14 to 268.18; and
 (c) 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 25 years.

 (2) Strict liability applies to paragraph (1)(b).

 (3) In subsection (1):

consent means free and voluntary agreement.

The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person is unlawfully detained;

(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d) the person is incapable of understanding the essential nature of the act;

(e) the 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;