Section 268.86 Criminal Code Act | National War Crime Enforced Sterilisation


Section 268.86 of the Criminal Code Act 1995 (Cth) is National War Crime Enforced Sterilisation and is extracted below.

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The Legislation

268.86  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 armed conflict that is not 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.