Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 268 - Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court  

Subdivision G - War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict  

SECTION 268.88   War crime - using, conscripting or enlisting children  
National armed forces

(1)    
A person (the perpetrator ) commits an offence if:

(a) the perpetrator uses one or more persons to participate actively in hostilities as members of the national armed forces; and

(b) the person or persons are under the age of 15 years; and

(c) (Repealed by No 129 of 2005)

(d) the perpetrator ' s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 17 years.

(2)    
A person (the perpetrator ) commits an offence if:

(a) the perpetrator conscripts one or more persons into the national armed forces; and

(b) the person or persons are under the age of 15 years; and

(c) (Repealed by No 129 of 2005)

(d) the perpetrator ' s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 15 years.

(3)    
A person (the perpetrator ) commits an offence if:

(a) the perpetrator enlists one or more persons into the national armed forces; and

(b) the person or persons are under the age of 15 years; and

(c) (Repealed by No 129 of 2005)

(d) the perpetrator ' s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 10 years.

Other armed forces and groups

(4)    

A person (the perpetrator ) commits an offence if:

(a) the perpetrator uses one or more persons to participate actively in hostilities other than as members of the national armed forces; and

(b) the person or persons are under the age of 18 years; and

(c) the perpetrator ' s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 17 years.

(5)    

A person (the perpetrator ) commits an offence if:

(a) the perpetrator conscripts one or more persons into an armed force or group other than the national armed forces; and

(b) the person or persons are under the age of 18 years; and

(c) the perpetrator ' s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 15 years.

(6)    

A person (the perpetrator ) commits an offence if:

(a) the perpetrator enlists one or more persons into an armed force or group other than the national armed forces; and

(b) the person or persons are under the age of 18 years; and

(c) the perpetrator ' s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 10 years.