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 E - Other serious war crimes that are committed in the course of an international armed conflict SECTION 268.63 War crime - enforced sterilisation (1)A person (the perpetrator ) commits an offence if:
(a) the perpetrator deprives one or more persons of biological reproductive capacity; and
(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice; and
(c) the perpetrator ' s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and
(d) the perpetrator ' s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2)
In subsection (1) :
consent
does not include consent effected by deception or by natural, induced or age-related incapacity.
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