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 C - Crimes against humanity  

SECTION 268.13   268.13   Crime against humanity - torture  
A person (the perpetrator ) commits an offence if:


(a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are in the custody or under the control of the perpetrator; and


(b) the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions; 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.


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