Criminal Code Act 1995
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 J - Crimes against the administration of the justice of the International Criminal Court SECTION 268.110 Reprisals against witnesses (1)A person commits an offence if the person causes or threatens to cause any detriment to another person who was a witness in a proceeding before the International Criminal Court:
(a) because of anything done by the other person in or for the purposes of the proceeding; and
(b) in the belief that the other person was a witness who had done that thing.
Penalty: Imprisonment for 5 years.
(2)
It is a defence to a prosecution for an offence against subsection (1) that:
(a) the detriment to the witness was not (apart from this section) an offence; and
(b) the witness committed perjury in the proceeding before the International Criminal Court.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (2) . See subsection 13.3(3) .
(3)
In this section:
(a) a person who attends at a proceeding before the International Criminal Court as a witness but is not called as a witness; or
(b) an interpreter.
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