Criminal Code Act 1995

A person (the perpetrator) commits an offence if:

the perpetrator attacks one or more persons; and

the person or persons are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and

the perpetrator intends the persons so using such an emblem to be the object of the attack; and

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

A person (the perpetrator) commits an offence if:

the perpetrator attacks one or more buildings, medical units or transports or other objects; and

the buildings, units or transports or other objects are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and

the perpetrator intends the buildings, units or transports or other objects so using such an emblem to be the object of the attack; and

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

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