Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 71 - Offences against United Nations and associated personnel  

SECTION 71.9   Kidnapping a UN or associated person  

(1)  
A person commits an offence if:


(a) the person takes or detains another person without his or her consent; and


(b) that other person is a UN or associated person; and


(c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and


(d) the first-mentioned person takes or detains the UN or associated person with the intention of:


(i) holding him or her to ransom or as a hostage; or

(ii) taking or sending him or her out of the country; or

(iii) committing a serious offence against him or her or another person.

Penalty: Imprisonment for 15 years.

Penalty (aggravated offence): Imprisonment for 19 years.

Note 1:

Section 71.23 defines UN enforcement action , UN operation and UN or associated person .

Note 2:

Section 71.13 defines aggravated offence .

(2)  
Strict liability applies to paragraphs (1) (b) and (c).

(3)  
In this section, serious offence means an offence under a law of the Commonwealth, a State or Territory or a foreign law the maximum penalty for which is death, or imprisonment for not less than 12 months.




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