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COMMONWEALTHAct
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s 16

No defence of superior orders

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Part IIIWar crimes

16 No defence of superior orders

Subject to subsections 6(2) and 13(2), the fact that, in doing an act alleged to be an offence against this Act, a person acted under orders of his or her government or of a superior is not a defence in a proceeding for the offence, but may, if the person is convicted of the offence, be taken into account in determining the proper sentence.

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