(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.
ICC Statute means the Statute of the International Criminal Court done at Rome on 17 July 1998, a copy of the English text of which is set out in Schedule 1 to the International Criminal Court Act 2002.
identification documentation has the meaning given by section 370.1.
identification information has the meaning given by section 370.1.
identity document includes any kind of document that may be used to establish the identity of a person in a country under the law or procedures of that country.
intention has the meaning given in section 5.2.
international armed conflict includes a military occupation.
International Criminal Court means the International Criminal Court established under the ICC Statute.
interpreter includes a person who interprets signs or other things made or done by a person who cannot speak adequately for the purpose of giving evidence in a proceeding before the International Criminal Court.
intimidatory act has the meaning given by subsection 474.45A(3).
journalistic capacity means a capacity as a journalist, editor, producer or other person involved in the process of making news reports or current affairs reports.
knowledge has the meaning given in section 5.3.
law means a law of the Commonwealth, and includes this Code.
legal burden is defined in subsection 13.1(3).
make available, in relation to material, includes, but is not limited to, describing how to obtain access, or describing methods that are likely to facilitate access, to material (for example: by setting out the name of a website, an IP address, a URL, a password, or the name of a newsgroup).
makes a gesture in a public place has the meaning given by section 80.2FA.
mental impairment has the meaning given by subsection 7.3(8).
mutiny has the meaning given by subsection 83.1(2).
negligence has the meaning given in section 5.5.
offence means an offence against a law of the Commonwealth.
official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.
parent: without limiting who is a parent of a person for the purposes of this Code, someone is the parent of a person if the person is his or her child because of the definition of child in this Dictionary.
person includes a Commonwealth authority that is not a body corporate, and another has a corresponding meaning.
Note: This definition supplements subsection 2C(1) of the Acts Interpretation Act 1901. That subsection provides that person includes a body politic or corporate as well as an individual.
personal service means any labour or service, including a sexual service, provided by a person.
physical harm includes unconsciousness, pain, disfigurement, infection with a disease and any physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).
position of trust or authority has the meaning given by subsection 272.3(1).
primary offence means an offence against a law of the Commonwealth, other than an ancillary offence.
procure a person to engage in sexual activity includes:
(a) encourage, entice or recruit the person to engage in that activity; or
(b) induce the person (whether by threats, promises or otherwise) to engage in that activity.
prohibited Nazi symbol has the meaning given by subsection 80.2E(2).
prohibited organisation symbol has the meaning given by subsection 80.2E(3).
prohibited symbol has the meaning given by subsection 80.2E(1).
proscribed inhumane act means any of the following acts:
(a) an act that is described in paragraph 268.8(a);
(b) an act that is described in paragraph 268.9(1)(a) and is committed as mentioned in paragraph 268.9(1)(b);
(c) an act that is described in paragraph 268.10(1)(a);
(d) an act that is described in paragraph 268.11(1)(a) and to which paragraph 268.11(1)(b) applies;
(e) an act that is described in paragraph 268.12(1)(a) and to which paragraph 268.12(1)(b) applies;
(f) an act that is described in paragraph 268.13(a) and to which paragraph 268.13(b) applies;
(g) an act that is described in paragraph 268.14(1)(a) or (2)(a);
(h) an act that is described in paragraph 268.15(1)(a);
(i) an act that is described in paragraph 268.16(1)(a) and to which paragraph 268.16(1)(b) applies;
(j) an act that is described in paragraph 268.17(1)(a) and to which paragraph 268.17(1)(b) applies;
(k) an act that is described in paragraphs 268.18(1)(a) and (b) and to which paragraph 268.18(1)(c) applies;
(l) an act that is described in paragraph 268.19(1)(a) and is of the gravity mentioned in paragraph 268.19(1)(b);
(m) an act that is described in paragraph 268.20(1)(a) and is committed as mentioned in paragraphs 268.20(1)(c), (d) and (e);
(n) an act that is described in paragraph 268.21(1)(a) and to which paragraphs 268.21(1)(b) and (c) apply;
(o) an act that is described in paragraph 268.21(2)(c) and is committed as mentioned in paragraph 268.21(2)(d);
(p) an act that is described in paragraph 268.22(a) and is committed as mentioned in paragraph 268.22(b);
(q) an act that is described in paragraph 268.23(a) and to which paragraph 268.23(b) applies.
Protocol I to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5 to the Geneva Conventions Act 1957.
Protocol II to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non‑International Armed Conflicts done at Geneva on 10 June 1977.
Protocol III to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6 to the Geneva Conventions Act 1957.
Protocols to the Geneva Conventions means Protocol I to the Geneva Conventions, Protocol II to the Geneva Conventions and Protocol III to the Geneva Conventions.
public official includes:
(a) a Commonwealth public official; and
(b) an officer or employee of the Commonwealth or of a State or Territory; and
(c) an individual who performs work for the Commonwealth, or for a State or Territory, under a contract; and
(d) an individual who holds or performs the duties of an office established by a law of the Commonwealth or of a State or Territory; and
(e) an individual who is otherwise in the service of the Commonwealth or of a State or Territory (including service as a member of a military force or police force); and
(f) a member of the executive, judiciary or magistracy of the Commonwealth or of a State or Territory; and
(g) a member of the legislature of the Commonwealth or of a State or Territory; and
(h) an officer or employee of:
(i) an authority of the Commonwealth; or
(ii) an authority of a State or Territory.
public place includes any place to which the public, or a section of the public, have access as of right or by invitation, whether express or implied, and whether or not a charge is made for admission to the place.
receiving means an offence against section 132.1.
recklessness has the meaning given in section 5.4.
referendum has the same meaning as in the Referendum (Machinery Provisions) Act 1984.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
resident of Australia means an individual who is a resident of Australia.
robbery means an offence against section 132.2.
Second Geneva Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 2 to the Geneva Conventions Act 1957.
serious harm means harm (including the cumulative effect of any harm):
(a) that endangers, or is likely to endanger, a person’s life; or
(b) that is or is likely to be significant and longstanding.
services provided to a Commonwealth entity includes services that consist of the provision of services to other persons in connection with the performance of the Commonwealth entity’s functions.
servitude has the same meaning as in Division 270 (see section 270.4).
sexual activity means:
(a) sexual intercourse; or
(b) any other activity of a sexual or indecent nature (including an indecent assault) that involves the human body, or bodily actions or functions (whether or not that activity involves physical contact between people).
Note: See also the definition of engage in sexual activity.
sexual intercourse has the meaning given by section 272.4.
sexually penetrate is defined in section 71.8.
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
slavery has the meaning given by section 270.1.
slavery‑like offence has the same meaning as in Division 270 (see section 270.1A).
special liability provision means:
(a) a provision that provides that absolute liability applies to one or more (but not all) of the physical elements of an offence; or
(b) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew a particular thing; or
(c) a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew or believed a particular thing.
state sponsor of terrorism has the meaning given by subsection 110.3(1).
state terrorist act has the meaning given by section 111.1.
step‑child: without limiting who is a step‑child of a person for the purposes of this Code, someone who is a child of a de facto partner of the person is the step‑child of the person, if he or she would be the person’s step‑child except that the person is not legally married to the partner.
step‑parent: without limiting who is a step‑parent of a person for the purposes of this Code, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.
subcontractor, for a Commonwealth contract, means a person:
(a) who is a party to a contract (the subcontract):
(i) with a contracted service provider for the Commonwealth contract (within the meaning of paragraph (a) of the definition of contracted service provider); or
(ii) with a subcontractor for the Commonwealth contract (under a previous application of this definition); and
(b) who is responsible under the subcontract for the provision of services to a Commonwealth entity, or to a contracted service provider for the Commonwealth contract, for the purposes (whether direct or indirect) of the Commonwealth contract.
sworn statement means an oral statement made on oath or affirmation or a statement in a document verified on oath or affirmation.
taking a person includes causing the person to accompany another person and causing the person to be taken.
technical assistance notice has the same meaning as in Part 15 of the Telecommunications Act 1997.
technical assistance request has the same meaning as in Part 15 of the Telecommunications Act 1997.
technical capability notice has the same meaning as in Part 15 of the Telecommunications Act 1997.
theft means an offence against section 131.1.
Third Geneva Convention means the Geneva Convention relative to the Protection of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 3 to the Geneva Conventions Act 1957.
threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional.
travel document includes any kind of document required, under the law of a country, to enter or leave that country.
violent extremist material has the meaning given by section 474.45A.
war crime means an offence under Subdivision D, E, F, G or H of Division 268.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.