Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 (93 of 2024)

Schedule 7   Meaning of hors de combat

Part 1   Amendments

Criminal Code Act 1995

1   Dictionary in the Criminal Code (definition of hors de combat)

Repeal the definition, substitute:

hors de combat : a person is hors de combat if:

(a) any of the following apply:

(i) the person is in the power of an adverse party;

(ii) the person clearly expresses an intention to surrender;

(iii) the person has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and

(b) the person abstains from any hostile act and does not attempt to escape.