Criminal Code Act 1995

A person (the perpetrator) commits an offence if:

the perpetrator deprives one or more persons of a fair and regular trial by denying to the person any of the judicial guarantees referred to in paragraph (b); and

the judicial guarantees are those defined in articles 84, 99 and 105 of the Third Geneva Convention and articles 66 and 71 of the Fourth Geneva Convention; and

the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Strict liability applies to:

the physical element of the offence referred to in paragraph (1)(a) that the judicial guarantees are those referred to in paragraph (1)(b); and

paragraphs (1)(b) and (c).