Commonwealth Numbered Acts

CRIMES AND OTHER LEGISLATION AMENDMENT (OMNIBUS NO. 1) ACT 2024 (NO. 93, 2024) - SCHEDULE 7

Part   1 -- Amendments

Criminal Code Act 1995

1   Dictionary in the Criminal Code (definition of hors de combat )

Repeal the definition, substitute:

"hors de combat" : a person is hors de combat if:

  (a)   any of the following apply:

  (i)   the person is in the power of an adverse party;

  (ii)   the person clearly expresses an intention to surrender;

  (iii)   the person has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and

  (b)   the person abstains from any hostile act and does not attempt to escape.

Part   2 -- Application of amendment

2   Application of amendment

(1)   The definition of hors de combat in the Dictionary in the Criminal Code , as inserted by this Schedule, applies in relation to:

  (a)   any conduct engaged in on or after 26   September 2002; and

  (b)   any legal proceedings that are commenced on or after that day, if the proceedings have not been finally determined before the commencement of this Part.

(2)   In this item, legal proceedings include any proceedings before a court or tribunal, and include proceedings that are pending.

[ Minister's second reading speech made in--

House of Representatives on 27 March 2024

Senate on 16 September 2024 ]